Euratom Treaty

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CONSOLIDATED VERSION OF THE TREATYESTABLISHING THE EUROPEAN ATOMIC

ENERGY COMMUNITY

(2010/C 84/01)

EN 30.3.2010 Official Journal of the European Union C 84/1





TABLE OF CONTENTS

TEXT OF THE TREATY

Page

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

TITLE I The tasks of the Community . . . . . . . . . . . . . . . . . . . . . . . . 6

TITLE II Provisions for the encouragement of progress in the field of nuclear energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

CHAPTER 1 PROMOTION OF RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . 7

CHAPTER 2 DISSEMINATION OF INFORMATION . . . . . . . . . . . . . . . . . . . . 10

Section 1 Information over which the Community has power of disposal 10

Section 2 Other information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Section 3 Security provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Section 4 Special provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

CHAPTER 3 HEALTH AND SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

CHAPTER 4 INVESTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

CHAPTER 5 JOINT UNDERTAKINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

CHAPTER 6 SUPPLIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Section 1 The Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Section 2 Ores, source materials and special fissile materials coming frominside the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Section 3 Ores, source materials and special fissile materials coming fromoutside the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Section 4 Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Section 5 Provisions relating to supply policy . . . . . . . . . . . . . . . . . . . . . 32

Section 6 Special provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

CHAPTER 7 SAFEGUARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

CHAPTER 8 PROPERTY OWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

CHAPTER 9 THE NUCLEAR COMMON MARKET . . . . . . . . . . . . . . . . . . . . 40

CHAPTER 10 EXTERNAL RELATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

TITLE III Institutional and financial provisions . . . . . . . . . . . . . . . . . . 43

CHAPTER 1 APPLICATION OF CERTAIN PROVISIONS OF THE TREATY ONEUROPEAN UNION AND OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION . . . . . . . . . . . . . . . . . . 43






PREAMBLE

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE

PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESSTHE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS ( 1 ),

RECOGNISING that nuclear energy represents an essential resource for the development and invigoration of industry and will permit the advancement of the cause of peace,

CONVINCED that only a joint effort undertaken without delay can offer the prospect of achievements

commensurate with the creative capacities of their countries,

RESOLVED to create the conditions necessary for the development of a powerful nuclear industry which will provide extensive energy resources, lead to the modernisation of technical processes andcontribute, through its many other applications, to the prosperity of their peoples,

ANXIOUS to create the conditions of safety necessary to eliminate hazards to the life and health of the

public,

DESIRING to associate other countries with their work and to cooperate with international organisations concerned with the peaceful development of atomic energy,

HAVE DECIDED to create a EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM) and to this end havedesignated as their Plenipotentiaries:

(List of plenipotentiaries not reproduced)

WHO, having exchanged their full powers, found in good and due form, have agreed as follows:


( 1 ) The Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, Ireland, the HellenicRepublic, the Kingdom of Spain, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the

Republic of Hungary, the Republic of Malta, the Republic of Austria, the Republic of Poland, the PortugueseRepublic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and United Kingdom of Great Britain and Northern Ireland have since become members of the EuropeanAtomic Energy Community.



TITLE I

THE TASKS OF THE COMMUNITY

Article 1 By this Treaty the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN ATOMICENERGY COMMUNITY (EURATOM).

It shall be the task of the Community to contribute to the raising of the standard of living in theMember States and to the development of relations with the other countries by creating theconditions necessary for the speedy establishment and growth of nuclear industries.

Article 2

In order to perform its task, the Community shall, as provided in this Treaty:

(a) promote research and ensure the dissemination of technical information;

(b) establish uniform safety standards to protect the health of workers and of the general public and

ensure that they are applied;

(c) facilitate investment and ensure, particularly by encouraging ventures on the part of undertakings, the establishment of the basic installations necessary for the development of nuclearenergy in the Community;

(d) ensure that all users in the Community receive a regular and equitable supply of ores and nuclearfuels;

(e) make certain, by appropriate supervision, that nuclear materials are not diverted to purposesother than those for which they are intended;

(f) exercise the right of ownership conferred upon it with respect to special fissile materials;

(g) ensure wide commercial outlets and access to the best technical facilities by the creation of acommon market in specialised materials and equipment, by the free movement of capital forinvestment in the field of nuclear energy and by freedom of employment for specialists withinthe Community;

EN C 84/6 Official Journal of the European Union 30.3.2010





By such opinions the Commission shall discourage unnecessary duplication and shall direct researchtowards sectors which are insufficiently explored. The Commission may not publish theseprogrammes without the consent of the State, person or undertaking which has communicated them.

The Commission shall publish at regular intervals a list of those sectors of nuclear research which itconsiders to be insufficiently explored.

The Commission may bring together representatives of public and private research centres as well asany experts engaged in research in the same or related fields for mutual consultation and exchangesof information.

Article 6

To encourage the carrying out of research programmes communicated to it the Commission may:

(a) provide financial assistance within the framework of research contracts, without, however,offering subsidies;

(b) supply, either free of charge or against payment, for carrying out such programmes, any sourcematerials or special fissile materials which it has available;

(c) place installations, equipment or expert assistance at the disposal of Member States, persons orundertakings, either free of charge or against payment;

(d) promote joint financing by the Member States, persons or undertakings concerned.

Article 7

Community research and training programmes shall be determined by the Council, acting unanimously on a proposal from the Commission, which shall consult the Scientific and TechnicalCommittee.

These programmes shall be drawn up for a period of not more than five years.




The funds required for carrying out these programmes shall be included each year in the research andinvestment budget of the Community.

The Commission shall ensure that these programmes are carried out and shall submit an annualreport thereon to the Council.

The Commission shall keep the Economic and Social Committee informed of the broad outlines of Community research and training programmes.

Article 8 1. After consulting the Scientific and Technical Committee, the Commission shall establish a JointNuclear Research Centre.

This Centre shall ensure that the research programmes and other tasks assigned to it by theCommission are carried out.

It shall also ensure that a uniform nuclear terminology and a standard system of measurements areestablished.

It shall set up a central bureau for nuclear measurements.

2. The activities of the Centre may, for geographical or functional reasons, be carried out in

separate establishments.

Article 9

1. After obtaining the opinion of the Economic and Social Committee the Commission may,within the framework of the Joint Nuclear Research Centre, set up schools for the training of specialists, particularly in the fields of prospecting for minerals, the production of high purity nuclear materials, the processing of irradiated fuels, nuclear engineering, health and safety and theproduction and use of radioisotopes.

The Commission shall determine the details of such training.




2. An institution of university status shall be established; the way in which it will function shall bedetermined by the Council, acting by a qualified majority on a proposal from the Commission.

Article 10

The Commission may, by contract, entrust the carrying out of certain parts of the Community research programme to Member States, persons or undertakings, or to third countries, internationalorganisations or nationals of third countries.

Article 11

The Commission shall publish the research programmes referred to in Articles 7, 8 and 10, and alsoregular progress reports on their implementation.

CHAPTER 2

Dissemination of information

S e c t i o n 1

Information over which the Community has power of disposal

Article 12

Member States, persons or undertakings shall have the right, on application to the Commission, toobtain non exclusive licences under patents, provisionally protected patent rights, utility models orpatent applications owned by the Community, where they are able to make effective use of theinventions covered thereby.

Under the same conditions, the Commission shall grant sublicences under patents, provisionally protected patent rights, utility models or patent applications, where the Community holds contractuallicences conferring power to do so.

The Commission shall grant such licences or sublicences on terms to be agreed with the licenseesand shall furnish all the information required for their use. These terms shall relate in particular tosuitable remuneration and, where appropriate, to the right of the licensee to grant sublicences tothird parties and to the obligation to treat the information as a trade secret.




Failing agreement on the terms referred to in the third paragraph, the licensees may bring the matter before the Court of Justice of the European Union so that appropriate terms may be fixed.

Article 13

The Commission shall communicate to Member States, persons and undertakings informationacquired by the Community which is not covered by the provisions of Article 12, whether suchinformation is derived from its own research programme or communicated to the Commission withauthority to make free use of it.

The Commission may, however, make the disclosure of such information conditional on its beingtreated as confidential and not passed on to third parties.

The Commission may not disclose information which has been acquired subject to restrictions on itsuse or dissemination such as information known as classified information unless it ensurescompliance with these restrictions.

S e c t i o n 2

Other information

(a) Dissemination by amicable agreement

Article 14

The Commission shall endeavour, by amicable agreement, to secure both the communication of information which is of use to the Community in the attainment of its objectives and the granting of licences under patents, provisionally protected patent rights, utility models or patent applicationscovering such information.

Article 15

The Commission shall establish a procedure by which Member States, persons and undertakings may use it as an intermediary for exchanging provisional or final results of their research, insofar as theseresults have not been acquired by the Community under research contracts awarded by theCommission.

This procedure must be such as to ensure the confidential nature of the exchange. The resultscommunicated may, however, be transmitted by the Commission to the Joint Nuclear ResearchCentre for documentation purposes; this shall not entail any right of use to which the communicating party has not agreed.




(b) Compulsory communication to the Commission

Article 16

1. As soon as an application for a patent or a utility model relating to a specifically nuclearsubject is filed with a Member State, that State shall ask the applicant to agree that the contents of the application be communicated to the Commission forthwith.

If the applicant agrees, this communication shall be made within three months of the date of filingthe application. If the applicant does not agree, the Member State shall, within the same period,notify the Commission of the existence of the application.

The Commission may require a Member State to communicate the contents of an application of whose existence it has been notified.

The Commission shall make any such request within two months of the date of notification. Any extension of this period shall entail a corresponding extension of the period referred to in the sixthsubparagraph of this paragraph.

On receiving such a request from the Commission, the Member State shall again ask the applicant toagree to communication of the contents of the application. If the applicant agrees, communicationshall be made forthwith.

If the applicant does not agree, the Member State shall nevertheless be required to make thiscommunication to the Commission within 18 months of the date on which the application was filed.

2. Member States shall inform the Commission, within 18 months of the filing date, of theexistence of any as yet unpublished application for a patent or utility model which seems tothem, prima facie, to deal with a subject which, although not specifically nuclear, is directly connected with and essential to the development of nuclear energy in the Community.

If the Commission so requests, the contents of the application shall be communicated to it withintwo months.

3. In order that publication may take place as soon as possible, Member States shall reduce to aminimum the time taken to process applications for patents or utility models relating to subjectsreferred to in paragraphs 1 and 2 concerning which a request has been made by the Commission.




4. The Commission shall treat the abovementioned communications as confidential. They may only be made for documentation purposes. The Commission may, however, make use of theinventions communicated to it, either with the consent of the applicant or in accordance withArticles 17 to 23.

5. The provisions of this Article shall not apply when an agreement concluded with a third Stateor an international organisation precludes communication.

(c) Grant of licences by arbitration or under compulsory powers

Article 17 1. Failing amicable agreement, non exclusive licences may be granted either by arbitration orunder compulsory powers in accordance with Articles 18 to 23:

(a) to the Community or to Joint Undertakings accorded this right under Article 48 in respect of patents, provisionally protected patent rights or utility models relating to inventions directly connected with nuclear research, where the granting of such licences is necessary for thecontinuance of their own research or indispensable to the operation of their installations.

If the Commission so requests, such licences shall include the right to authorise third parties tomake use of the invention, where they are carrying out work for or orders placed by theCommunity or Joint Undertakings;

(b) to persons or undertakings which have applied to the Commission for them in respect of patents,

provisionally protected patent rights or utility models relating to inventions directly connectedwith and essential to the development of nuclear energy in the Community, provided that all thefollowing conditions are fulfilled:

(i) at least four years have elapsed since the filing of the patent application, save in the case of an invention relating to a specifically nuclear subject;

(ii) the requirements arising out of the development of nuclear energy, in the Commission'sconception of such development, in the territory of a Member State where an invention isprotected, are not being met with regard to that invention;




(iii) the proprietor, having been called upon to meet such requirements either himself or throughhis licensees, has not complied with this request;

(iv) the persons or undertakings applying for licences are in a position to meet suchrequirements effectively by making use of the invention.

Member States may not, in order to meet such requirements, take any coercive measuresprovided for in their national legislation which will limit the protection accorded to theinvention, save at the prior request of the Commission.

2. A non exclusive licence may not be granted as provided for in paragraph 1 where theproprietor can establish the existence of legitimate reasons, in particular that he has not had sufficienttime at his disposal.

3. The granting of a licence pursuant to paragraph 1 shall confer a right to full compensation, theamount of which shall be agreed between the proprietor of the patent, provisionally protected patentright or utility model and the licensee.

4. The provisions of this Article shall not affect those of the Paris Convention for the Protectionof Industrial Property.

Article 18

An Arbitration Committee is hereby established for the purposes provided for in this Section. TheCouncil shall appoint the members and lay down the Rules of Procedure of this Committee, actingon a proposal from the Court of Justice of the European Union.

An appeal, having suspensory effect, may be brought by the parties before the Court of Justice of theEuropean Union against a decision of the Arbitration Committee within one month of notificationthereof. The Court of Justice of the European Union shall confine its examination to the formalvalidity of the decision and to the interpretation of the provisions of this Treaty by the ArbitrationCommittee.

The final decisions of the Arbitration Committee shall have the force of res judicata between theparties concerned. They shall be enforceable as provided in Article 164.




Article 19

Where, failing amicable agreement, the Commission intends to secure the granting of licences in oneof the cases provided for in Article 17, it shall give notice of its intention to the proprietor of the

patent, provisionally protected patent right, utility model or patent application, and shall specify insuch notice the name of the applicant for and the scope of the licence.

Article 20

The proprietor may, within one month of receipt of the notice referred to in Article 19, propose tothe Commission and, where appropriate, to the applicant that they conclude a special agreement torefer the matter to the Arbitration Committee.

Should the Commission or the applicant refuse to enter into such an agreement, the Commissionshall not require the Member State or its appropriate authorities to grant the licence or cause it to begranted.

If, when the matter is referred to it under a special agreement, the Arbitration Committee finds thatthe request from the Commission complies with the provisions of Article 17, it shall give a reasoned

decision containing a grant of the licence to the applicant and laying down the terms of the licenceand the remuneration therefor, to the extent that the parties have not reached agreement on thesepoints.

Article 21

If the proprietor does not propose that the matter be referred to the Arbitration Committee, theCommission may call upon the Member State concerned or its appropriate authorities to grant the

licence or cause it to be granted.

If, having heard the proprietor's case, the Member State, or its appropriate authorities, considers thatthe conditions of Article 17 have not been complied with, it shall notify the Commission of itsrefusal to grant the licence or to cause it to be granted.

If it refuses to grant the licence or to cause it to be granted, or if, within four months of the date of the request, no information is forthcoming with regard to the granting of the licence, theCommission shall have two months in which to bring the matter before the Court of Justice of the European Union.




The proprietor must be heard in the proceedings before the Court of Justice of the European Union.

If the judgment of the Court of Justice of the European Union establishes that the conditions of

Article 17 have been complied with, the Member State concerned, or its appropriate authorities, shalltake such measures as enforcement of that judgment may require.

Article 22

1. If the proprietor of the patent, provisionally protected patent right or utility model and thelicensee fail to agree on the amount of compensation, the parties concerned may conclude a specialagreement to refer the matter to the Arbitration Committee.

By doing so, the parties waive the right to institute any proceedings other than those provided for inArticle 18.

2. If the licensee refuses to conclude a special agreement, the licence he has been granted shall bedeemed void.

If the proprietor refuses to conclude a special agreement, the compensation referred to in this Articleshall be determined by the appropriate national authorities.

Article 23

After the lapse of one year, the decisions of the Arbitration Committee or the appropriate nationalauthorities may, if there are new facts to justify it, be revised with respect to the terms of the licence.

Such revision shall be a matter for the body which gave the decision.

S e c t i o n 3

Security provisions

Article 24

Information which the Community acquires as a result of carrying out its research programme, andthe disclosure of which is liable to harm the defence interests of one or more Member States, shall besubject to a security system in accordance with the following provisions.

1. The Council shall, acting on a proposal from the Commission, adopt security regulations which,account being taken of the provisions of this Article, lay down the various security gradings to beapplied and the security measures appropriate to each grading.




2. Where the Commission considers that the disclosure of certain information is liable to harm thedefence interests of one or more Member States, it shall provisionally apply to that informationthe security grading required in that case by the security regulations.

It shall communicate such information forthwith to the Member States, which shall provisionally ensure its security in the same manner.

Member States shall inform the Commission within three months whether they wish to maintainthe grading provisionally applied, substitute another or declassify the information.

Upon the expiry of this period, the highest grading of those requested shall be applied. TheCommission shall notify the Member States accordingly.

At the request of the Commission or of a Member State, the Council may, acting unanimously, atany time apply another grading or declassify the information. The Council shall obtain theopinion of the Commission before taking any action on a request from a Member State.

3. The provisions of Articles 12 and 13 shall not apply to information subject to a security grading.

Nevertheless, provided that the appropriate security measures are observed,

(a) the information referred to in Articles 12 and 13 may be communicated by the Commission:

(i) to a Joint Undertaking;

(ii) to a person or undertaking other than a Joint Undertaking, through the Member State inwhose territory that person or undertaking operates;

(b) the information referred to in Article 13 may be communicated by a Member State to aperson or to an undertaking other than a Joint Undertaking, operating in the territory of thatState, provided that the Commission is notified of this communication;

(c) each Member State has, however, the right to require the Commission to grant a licence underArticle 12 to meet the needs of that State or those of a person or undertaking operating in itsterritory.




Article 25

1. A Member State notifying the existence or communicating the contents of an application for apatent or utility model relating to a subject specified in Article 16(1) or (2) shall, where appropriate,

draw attention to the need to apply a given security grading for defence reasons, at the same timestating the probable duration of such grading.

The Commission shall pass on to the other Member States all communications received inaccordance with the preceding subparagraph. The Commission and the Member States shall takethose measures which, under the security regulations, correspond to the grading required by the Stateof origin.

2. The Commission may also pass on these communications to Joint Undertakings or, through aMember State, to a person or to an undertaking other than a Joint Undertaking operating in theterritory of that State.

Inventions which are the subject of applications referred to in paragraph 1 may be used only withthe consent of the applicant or in accordance with Articles 17 to 23.

The communications and, where appropriate, the use referred to in this paragraph shall be subject to

the measures which, under the security regulations, correspond to the security grading required by the State of origin.

The communications shall in all cases be subject to the consent of the State of origin. Consent tocommunication and use may be withheld only for defence reasons.

3. At the request of the Commission or of a Member State, the Council may, acting unanimously,at any time apply another grading or declassify the information. The Council shall obtain the opinionof the Commission before taking any action on a request from a Member State.

Article 26

1. Where information covered by patents, patent applications, provisionally protected patentrights, utility models or applications for utility models has been classified in accordance withArticles 24 and 25, the States which have applied for such classification may not refuse to allow corresponding applications to be filed in the other Member States.

Each Member State shall take the necessary measures to maintain the security of such rights andapplications in accordance with the procedure laid down in its own laws and regulations.




2. No applications relating to information classified in accordance with Article 24 may be filedoutside the Member States except with the unanimous consent of the latter. Should Member Statesfail to make known their attitude, their consent shall be deemed to have been obtained on the expiry of six months from the date on which the information was communicated to the Member States by

the Commission.

Article 27

Compensation for any damage suffered by the applicant as a result of classification for defencereasons shall be governed by the provisions of the national laws of the Member States and shall bethe responsibility of the State which applied for such classification or which either obtained theupgrading or extension of the classification or caused the filing of applications outside theCommunity to be prohibited.

Where several Member States have either obtained the upgrading or extension of the classification orcaused the filing of applications outside the Community to be prohibited, they shall be jointly responsible for making good any damage arising out of their action.

The Community may not claim any compensation under this Article.

S e c t i o n 4

Special provisions

Article 28

Where, as a result of their communication to the Commission, unpublished applications for patentsor utility models, or patents or utility models classified for defence reasons, are improperly used orcome to the knowledge of an unauthorised person, the Community shall make good the damagesuffered by the party concerned.

Without prejudice to its own rights against the person responsible for the damage, the Community shall, to the extent that it has made good such damage, acquire any rights of action enjoyed by thoseconcerned against third parties. This shall not affect the right of the Community to take actionagainst the person responsible for the damage in accordance with the general provisions in force.

Article 29

Where an agreement or contract for the exchange of scientific or industrial information in the

nuclear field between a Member State, a person or an undertaking on the one hand, and a thirdState, an international organisation or a national of a third State on the other, requires, on eitherpart, the signature of a State acting in its sovereign capacity, it shall be concluded by theCommission.




Subject to the provisions of Articles 103 and 104, the Commission may, however, on suchconditions as it considers appropriate, authorise a Member State, a person or an undertaking toconclude such agreements.

CHAPTER 3

Health and safety

Article 30

Basic standards shall be laid down within the Community for the protection of the health of workersand the general public against the dangers arising from ionizing radiations.

The expression ‘basic standards’ means:

(a) maximum permissible doses compatible with adequate safety;

(b) maximum permissible levels of exposure and contamination;

(c) the fundamental principles governing the health surveillance of workers.

Article 31

The basic standards shall be worked out by the Commission after it has obtained the opinion of agroup of persons appointed by the Scientific and Technical Committee from among scientific experts,and in particular public health experts, in the Member States. The Commission shall obtain theopinion of the Economic and Social Committee on these basic standards.

After consulting the European Parliament the Council shall, on a proposal from the Commission,which shall forward to it the opinions obtained from these Committees, establish the basic standards;the Council shall act by a qualified majority.

Article 32

At the request of the Commission or of a Member State, the basic standards may be revised orsupplemented in accordance with the procedure laid down in Article 31.

The Commission shall examine any request made by a Member State.




Article 33

Each Member State shall lay down the appropriate provisions, whether by legislation, regulation oradministrative action, to ensure compliance with the basic standards which have been established and

shall take the necessary measures with regard to teaching, education and vocational training.

The Commission shall make appropriate recommendations for harmonising the provisions applicablein this field in the Member States.

To this end, the Member States shall communicate to the Commission the provisions applicable atthe date of entry into force of this Treaty and any subsequent draft provisions of the same kind.

Any recommendations the Commission may wish to issue with regard to such draft provisions shall be made within three months of the date on which such draft provisions are communicated.

Article 34

Any Member State in whose territories particularly dangerous experiments are to take place shall take

additional health and safety measures, on which it shall first obtain the opinion of the Commission.

The assent of the Commission shall be required where the effects of such experiments are liable toaffect the territories of other Member States.

Article 35

Each Member State shall establish the facilities necessary to carry out continuous monitoring of thelevel of radioactivity in the air, water and soil and to ensure compliance with the basic standards.

The Commission shall have the right of access to such facilities; it may verify their operation andefficiency.

Article 36

The appropriate authorities shall periodically communicate information on the checks referred to inArticle 35 to the Commission so that it is kept informed of the level of radioactivity to which thepublic is exposed.




Article 37

Each Member State shall provide the Commission with such general data relating to any plan for thedisposal of radioactive waste in whatever forms will make it possible to determine whether the

implementation of such plan is liable to result in the radioactive contamination of the water, soil orairspace of another Member State.

The Commission shall deliver its opinion within six months, after consulting the group of expertsreferred to in Article 31.

Article 38

The Commission shall make recommendations to the Member States with regard to the level of

radioactivity in the air, water and soil.

In cases of urgency, the Commission shall issue a directive requiring the Member State concerned totake, within a period laid down by the Commission, all necessary measures to prevent infringementof the basic standards and to ensure compliance with regulations.

Should the State in question fail to comply with the Commission directive within the period laiddown, the Commission or any Member State concerned may forthwith, by way of derogation from

Articles 258 and 259 of the Treaty on the Functioning of the European Union, bring the matter before the Court of Justice of the European Union.

Article 39

The Commission shall set up within the framework of the Joint Nuclear Research Centre, as soon asthe latter has been established, a health and safety documentation and study section.

This section shall in particular have the task of collecting the documentation and information

referred to in Articles 33, 36 and 37 and of assisting the Commission in carrying out the tasksassigned to it by this Chapter.

CHAPTER 4

Investment

Article 40

In order to stimulate action by persons and undertakings and to facilitate coordinated developmentof their investment in the nuclear field, the Commission shall periodically publish illustrativeprogrammes indicating in particular nuclear energy production targets and all the types of investmentrequired for their attainment.




The Commission shall obtain the opinion of the Economic and Social Committee on suchprogrammes before their publication.

Article 41

Persons and undertakings engaged in the industrial activities listed in Annex II to this Treaty shallcommunicate to the Commission investment projects relating to new installations and also toreplacements or conversions which fulfil the criteria as to type and size laid down by the Councilon a proposal from the Commission.

The list of industrial activities referred to above may be altered by the Council, acting by a qualifiedmajority on a proposal from the Commission, which shall first obtain the opinion of the Economicand Social Committee.

Article 42

The projects referred to in Article 41 shall be communicated to the Commission and, forinformation purposes, to the Member State concerned not later than three months before the firstcontracts are concluded with the suppliers or, if the work is to be carried out by the undertakingwith its own resources, three months before the work begins.

The Council may, acting on a proposal from the Commission, alter this time limit.

Article 43

The Commission shall discuss with the persons or undertakings all aspects of investment projectswhich relate to the objectives of this Treaty.

It shall communicate its views to the Member State concerned.

Article 44 The Commission may, with the consent of the Member States, persons and undertakings concerned,publish any investment projects communicated to it.

CHAPTER 5

Joint undertakings

Article 45

Undertakings which are of fundamental importance to the development of the nuclear industry inthe Community may be established as Joint Undertakings within the meaning of this Treaty, inaccordance with the following Articles.




Article 46

1. Every project for establishing a Joint Undertaking, whether originating from the Commission, aMember State or any other quarter, shall be the subject of an inquiry by the Commission.

For this purpose, the Commission shall obtain the views of Member States and of any public orprivate body which in its opinion can usefully advise it.

2. The Commission shall forward to the Council any project for establishing a Joint Undertaking,together with its reasoned opinion.

If the Commission delivers a favourable opinion on the need for the proposed Joint Undertaking, it

shall submit proposals to the Council concerning:

(a) location;

(b) statutes;

(c) the scale of and timetable for financing;

(d) possible participation by the Community in the financing of the Joint Undertaking;

(e) possible participation by a third State, an international organisation or a national of a third Statein the financing or management of the Joint Undertaking;

(f) the conferring of any or all of the advantages listed in Annex III to this Treaty.

The Commission shall attach a detailed report on the project as a whole.

Article 47

The Council may, when the matter has been submitted to it by the Commission, request the latter tosupply such further information or to undertake such further inquiries as the Council may considernecessary.

If the Council, acting by a qualified majority, considers that a project forwarded by the Commissionwith an unfavourable opinion should nevertheless be carried out, the Commission shall submit to theCouncil the proposals and the detailed report referred to in Article 46.




Where the opinion of the Commission is favourable or in the case referred to in the precedingparagraph, the Council shall act by a qualified majority on each of the proposals from theCommission.

The Council shall, however, act unanimously in respect of:

(a) participation by the Community in the financing of the Joint Undertaking;

(b) participation by a third State, an international organisation or a national of a third State in thefinancing or management of the Joint Undertaking.

Article 48

The Council may, acting unanimously on a proposal from the Commission, make applicable to each Joint Undertaking any or all of the advantages listed in Annex III to this Treaty; each Member Stateshall for its part ensure that these advantages are conferred.

The Council may, in accordance with the same procedure, lay down the conditions governing theconferment of these advantages.

Article 49

Joint Undertakings shall be established by Council decision.

Each Joint Undertaking shall have legal personality.

In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legalpersons under their respective national laws; it may, in particular, acquire or dispose of movable andimmovable property and may be a party to legal proceedings.

Save as otherwise provided in this Treaty or in its own statutes, each Joint Undertaking shall begoverned by the rules applying to industrial or commercial undertakings; its statutes may makesubsidiary reference to the national laws of the Member States.

Save where jurisdiction is conferred upon the Court of Justice of the European Union by this Treaty,disputes in which Joint Undertakings are concerned shall be determined by the appropriate nationalcourts or tribunals.




Article 50

The statutes of Joint Undertakings shall be amended, where necessary, in accordance with the specialprovisions which they contain for this purpose.

Such amendments shall not, however, enter into force until they have been approved by the Council,acting in accordance with the procedure laid down in Article 47 on a proposal from theCommission.

Article 51

The Commission shall be responsible for carrying out all decisions of the Council relating to theestablishment of Joint Undertakings until the bodies responsible for the operation of such undertakings have been set up.

CHAPTER 6

Supplies

Article 52

1. The supply of ores, source materials and special fissile materials shall be ensured, in accordancewith the provisions of this Chapter, by means of a common supply policy on the principle of equalaccess to sources of supply.

2. For this purpose and under the conditions laid down in this Chapter:

(a) all practices designed to secure a privileged position for certain users shall be prohibited;

(b) an Agency is hereby established; it shall have a right of option on ores, source materials andspecial fissile materials produced in the territories of Member States and an exclusive right toconclude contracts relating to the supply of ores, source materials and special fissile materialscoming from inside the Community or from outside.

The Agency may not discriminate in any way between users on grounds of the use which they intend to make of the supplies requested unless such use is unlawful or is found to be contrary tothe conditions imposed by suppliers outside the Community on the consignment in question.




S e c t i o n 1

The Agency

Article 53 The Agency shall be under the supervision of the Commission, which shall issue directives to it,possess a right of veto over its decisions and appoint its Director General and Deputy DirectorGeneral.

Any act, whether implied or expressed, performed by the Agency in the exercise of its right of optionor of its exclusive right to conclude supply contracts, may be referred by the parties concerned to theCommission, which shall give a decision thereon within one month.

Article 54

The Agency shall have legal personality and financial autonomy.

The Council shall lay down the statutes of the Agency, acting by a qualified majority on a proposalfrom the Commission.

The statutes may be amended in accordance with the same procedure.

The statutes shall determine the Agency's capital and the terms upon which it is to be subscribed.The major part of the capital shall always belong to the Community and to the Member States. Thecontributions to the capital shall be determined by common accord of the Member States.

The rules for the commercial management of the activities of the Agency shall be laid down in thestatutes. The latter may provide for a charge on transactions to defray the operating expenses of theAgency.

Article 55 The Member States shall communicate or cause to be communicated to the Agency all theinformation necessary to enable it to exercise its right of option and its exclusive right toconclude supply contracts.

Article 56

The Member States shall be responsible for ensuring that the Agency may operate freely in theirterritories.

They may establish one or more bodies having authority to represent, in relations with the Agency,producers and users in the non European territories under their jurisdiction.




S e c t i o n 2

Ores, source materials and special fissile materials coming from inside the Community

Article 57 1. The right of option of the Agency shall cover:

(a) the acquisition of rights to use and consume materials owned by the Community under theprovisions of Chapter 8;

(b) the acquisition of the right of ownership in all other cases.

2. The Agency shall exercise its right of option by concluding contracts with producers of ores,source materials and special fissile materials.

Subject to Articles 58, 62 and 63, every producer shall offer to the Agency the ores, source materialsor special fissile materials which he produces within the territories of Member States before they areused, transferred or stored.

Article 58

Where a producer carries out several stages of production from extraction of the ore up to andincluding production of the metal, he may offer the product to the Agency at whichever stage of production he chooses.

The same shall apply to two or more connected undertakings, where the connection has been duly communicated to the Commission and discussed with it in accordance with the procedures laiddown in Articles 43 and 44.

Article 59 If the Agency does not exercise its right of option on the whole or any part of the output of aproducer, the latter:

(a) may, either by using his own resources or under contract, process or cause to be processed theores, source materials or special fissile materials, provided that he offers to the Agency theproduct of such processing;

(b) shall be authorised by a decision of the Commission to dispose of his available productionoutside the Community, provided that the terms he offers are not more favourable than thosepreviously offered to the Agency. However, special fissile materials may be exported only throughthe Agency and in accordance with the provisions of Article 62.




The Commission may not grant such authorisation if the recipients of the supplies fail to satisfy itthat the general interests of the Community will be safeguarded or if the terms and conditions of such contracts are contrary to the objectives of this Treaty.

Article 60

Potential users shall periodically inform the Agency of the supplies they require, specifying thequantities, the physical and chemical nature, the place of origin, the intended use, delivery datesand price terms, which are to form the terms and conditions of the supply contract which they wishto conclude.

Similarly, producers shall inform the Agency of offers which they are able to make, stating all thespecifications, and in particular the duration of contracts, required to enable their productionprogrammes to be drawn up. Such contracts shall be of not more than 10 years' duration savewith the agreement of the Commission.

The Agency shall inform all potential users of the offers and of the volume of applications which ithas received and shall call upon them to place their orders by a specified time limit.

When the Agency has received all such orders, it shall make known the terms on which it can meetthem.

If the Agency cannot meet in their entirety all the orders received, it shall, subject to the provisionsof Articles 68 and 69, share out the supplies proportionately among the orders relating to each offer.

Agency rules, which shall require approval by the Commission, shall determine the manner in whichdemand is to be balanced against supply.

Article 61

The Agency shall meet all orders unless prevented from so doing by legal or material obstacles.

When concluding a contract, the Agency may, while complying with the provisions of Article 52,require users to make appropriate advance payments either as security or to assist in meeting theAgency's own long term commitments to producers where these are essential to carrying out theorder.




Article 62

1. The Agency shall exercise its right of option on special fissile materials produced in theterritories of Member States in order:

(a) to meet demand from users within the Community in accordance with Article 60; or

(b) to store such materials itself; or

(c) to export such materials with the authorisation of the Commission which shall comply with thesecond subparagraph of Article 59(b).

2. Nevertheless, while continuing to be subject to the provisions of Chapter 7, such materials andany fertile wastes shall be left in the possession of the producer, so that he may:

(a) store them with the authorisation of the Agency; or

(b) use them within the limits of his own requirements; or

(c) make them available to undertakings in the Community, within the limits of their requirements,where for carrying out a programme duly communicated to the Commission, these undertakingshave with the producer a direct connection which has neither the aim nor the effect of limiting

production, technical development or investment or of improperly creating inequalities betweenusers in the Community.

3. The provisions of Article 89(1)(a) shall apply to special fissile materials which are produced inthe territories of Member States and on which the Agency has not exercised its right of option.

Article 63 Ores, source materials and special fissile materials produced by Joint Undertakings shall be allotted tousers in accordance with the rules laid down in the statutes or agreements of such undertakings.




S e c t i o n 3

Ores, source materials and special fissile materials coming from outside the Community

Article 64 The Agency, acting where appropriate within the framework of agreements concluded between theCommunity and a third State or an international organisation, shall, subject to the exceptionsprovided for in this Treaty, have the exclusive right to enter into agreements or contracts whoseprincipal aim is the supply of ores, source materials or special fissile materials coming from outsidethe Community.

Article 65

Article 60 shall apply applications from users and to contracts between users and the Agency relatingto the supply of ores, source materials or special fissile materials coming from outside theCommunity.

The Agency may, however, decide on the geographical origin of supplies provided that conditionswhich are at least as favourable as those specified in the order are thereby secured for the user.

Article 66

Should the Commission find, on application by the users concerned, that the Agency is not in aposition to deliver within a reasonable period of time all or part of the supplies ordered, or that itcan only do so at excessively high prices, the users shall have the right to conclude directly contractsrelating to supplies from outside the Community, provided that such contracts meet in essentialrespects the requirements specified in their orders.

This right shall be granted for a period of one year; it may be extended if the situation which justifiedits granting continues.

Users who avail themselves of the right provided for in this Article shall communicate to theCommission the direct contracts which they propose to conclude. The Commission may, withinone month, object to the conclusion of such contracts if they are contrary to the objectives of thisTreaty.

S e c t i o n 4

Prices

Article 67

Save where exceptions are provided for in this Treaty, prices shall be determined as a result of balancing supply against demand as provided in Article 60; the national regulations of the MemberStates shall not contravene such provisions.




Article 68

Pricing practices designed to secure a privileged position for certain users in violation of the principleof equal access laid down in the provisions of this Chapter shall be prohibited.

If the Agency finds that any such practices are being employed it shall report them to theCommission.

The Commission may, if it accepts the findings, set the prices of the offers in issue at a levelcompatible with the principle of equal access.

Article 69

The Council may fix prices, acting unanimously on a proposal from the Commission.

When the Agency lays down, in pursuance of Article 60, the terms on which orders can be met, itmay propose to the users who have placed orders that prices be equalized.

S e c t i o n 5

Provisions relating to supply policy

Article 70

Within the limits set by the budget of the Community, the Commission may, on such conditions asit shall determine, give financial support to prospecting programmes in the territories of MemberStates.

The Commission may make recommendations to the Member States with a view to the developmentof prospecting for and exploitation of mineral deposits.

The Member States shall submit annually to the Commission a report on the development of prospecting and production, on probable reserves and on investment in mining which has beenmade or is planned in their territories. The reports shall be submitted to the Council, together withan opinion from the Commission which shall state in particular what action has been taken by Member States on recommendations made to them under the preceding paragraph.

If, when the matter has been submitted to it by the Commission, the Council finds by a qualifiedmajority that, although the prospects for extraction appear economically justified on a long term

basis, prospecting activities and the expansion of mining operations continue to be markedly inadequate, the Member State concerned shall, for as long as it has failed to remedy this situation, bedeemed to have waived, both for itself and for its nationals, the right of equal access to other sourcesof supply within the Community.




Article 71

The Commission shall make all appropriate recommendations to Member States with regard torevenue or mining regulations.

Article 72

The Agency may, from material available inside or outside the Community, build up the necessary commercial stocks to facilitate supplies to or normal deliveries by the Community.

The Commission may, where necessary, decide to build up emergency stocks. The method of financing such stocks shall be approved by the Council, acting by a qualified majority on aproposal from the Commission.

S e c t i o n 6

Special provisions

Article 73

Where an agreement or contract between a Member State, a person or an undertaking on the onehand, and a third State, an international organisation or a national of a third State on the other,provides inter alia for delivery of products which come within the province of the Agency, the priorconsent of the Commission shall be required for the conclusion or renewal of that agreement or

contract, as far as delivery of the products is concerned.

Article 74

The Commission may exempt from the provisions of this Chapter the transfer, import or export of small quantities of ores, source materials or special fissile materials such as are normally used inresearch.

The Agency shall be notified of every transfer, import or export operation effected by virtue of this

provision.

Article 75

The provisions of this Chapter shall not apply to commitments relating to the processing, conversionor shaping of ores, source materials or special fissile materials and entered into:

(a) by several persons or undertakings, where the material is to return to the original person orundertaking after being processed, converted or shaped; or

(b) by a person or undertaking and an international organisation or a national of a third State, wherethe material is processed, converted or shaped outside the Community and then returned to theoriginal person or undertaking; or




(c) by a person or undertaking and an international organisation or a national of a third State, wherethe material is processed, converted or shaped inside the Community and is then returned eitherto the original organisation or national or to any other consignee likewise outside theCommunity designated by such organisation or national.

The persons and undertakings concerned shall, however, notify the Agency of the existence of suchcommitments and, as soon as the contracts are signed, of the quantities of material involved in themovements. The Commission may prevent the commitments referred to in subparagraph (b) from being undertaken if it considers that the conversion or shaping cannot be carried out efficiently andsafely and without the loss of material to the detriment of the Community.

The materials to which such commitments relate shall be subject in the territories of the Member

States to the safeguards laid down in Chapter 7. The provisions of Chapter 8 shall not, however, beapplicable to special fissile materials covered by the commitments referred to in subparagraph (c).

Article 76

On the initiative of a Member State or of the Commission, and particularly if unforeseen circumstances create a situation of general shortage, the Council may, acting unanimously on a proposalfrom the Commission and after consulting the European Parliament, amend the provisions of thisChapter. The Commission shall inquire into any request made by a Member State.

Seven years after 1 January 1958, the Council may confirm these provisions in their entirety. Failingconfirmation, new provisions relating to the subject matter of this Chapter shall be adopted inaccordance with the procedure laid down in the preceding paragraph.

CHAPTER 7

Safeguards

Article 77

In accordance with the provisions of this Chapter, the Commission shall satisfy itself that, in theterritories of Member States:

(a) ores, source materials and special fissile materials are not diverted from their intended uses asdeclared by the users;

(b) the provisions relating to supply and any particular safeguarding obligations assumed by theCommunity under an agreement concluded with a third State or an international organisation arecomplied with.




Article 78

Anyone setting up or operating an installation for the production, separation or other use of sourcematerials or special fissile materials or for the processing of irradiated nuclear fuels shall declare to

the Commission the basic technical characteristics of the installations, to the extent that knowledgeof these characteristics is necessary for the attainment of the objectives set out in Article 77.

The Commission must approve the techniques to be used for the chemical processing of irradiatedmaterials, to the extent necessary to attain the objectives set out in Article 77.

Article 79

The Commission shall require that operating records be kept and produced in order to permitaccounting for ores, source materials and special fissile materials used or produced. The samerequirement shall apply in the case of the transport of source materials and special fissile materials.

Those subject to such requirements shall notify the authorities of the Member State concerned of any communications they make to the Commission pursuant to Article 78 and to the first paragraph of this Article.

The nature and the extent of the requirements referred to in the first paragraph of this Article shall be defined in a regulation made by the Commission and approved by the Council.

Article 80

The Commission may require that any excess special fissile materials recovered or obtained as by products and not actually being used or ready for use shall be deposited with the Agency or in otherstores which are or can be supervised by the Commission.

Special fissile materials deposited in this way must be returned forthwith to those concerned at theirrequest.

Article 81

The Commission may send inspectors into the territories of Member States. Before sending aninspector on his first assignment in the territory of a Member State, the Commission shall consultthe State concerned; such consultation shall suffice to cover all future assignments of this inspector.




On presentation of a document establishing their authority, inspectors shall at all times have accessto all places and data and to all persons who, by reason of their occupation, deal with materials,equipment or installations subject to the safeguards provided for in this Chapter, to the extentnecessary in order to apply such safeguards to ores, source materials and special fissile materials

and to ensure compliance with the provisions of Article 77. Should the State concerned so request,inspectors appointed by the Commission shall be accompanied by representatives of the authoritiesof that State; however, the inspectors shall not thereby be delayed or otherwise impeded in theperformance of their duties.

If the carrying out of an inspection is opposed, the Commission shall apply to the President of theCourt of Justice of the European Union for an order to ensure that the inspection be carried outcompulsorily. The President of the Court of Justice of the European Union shall give a decision

within three days.

If there is danger in delay, the Commission may itself issue a written order, in the form of a decision,to proceed with the inspection. This order shall be submitted without delay to the President of theCourt of Justice of the European Union for subsequent approval.

After the order or decision has been issued, the authorities of the State concerned shall ensure that

the inspectors have access to the places specified in the order or decision.

Article 82

Inspectors shall be recruited by the Commission.

They shall be responsible for obtaining and verifying the records referred to in Article 79. They shall

report any infringement to the Commission.

The Commission may issue a directive calling upon the Member State concerned to take, by a timelimit set by the Commission, all measures necessary to bring such infringement to an end; it shallinform the Council thereof.

If the Member State does not comply with the Commission directive by the time limit set, theCommission or any Member State concerned may, in derogation from Articles 258 and 259 of theTreaty on the Functioning of the European Union, refer the matter to the Court of Justice of theEuropean Union direct.




Article 83

1. In the event of an infringement on the part of persons or undertakings of the obligationsimposed on them by this Chapter, the Commission may impose sanctions on such persons or

undertakings.

These sanctions shall be in order of severity:

(a) a warning;

(b) the withdrawal of special benefits such as financial or technical assistance;

(c) the placing of the undertaking for a period not exceeding four months under the administrationof a person or board appointed by common accord of the Commission and the State having jurisdiction over the undertaking;

(d) total or partial withdrawal of source materials or special fissile materials.

2. Decisions taken by the Commission in implementation of paragraph 1 and requiring thesurrender of materials shall be enforceable. They may be enforced in the territories of MemberStates in accordance with Article 164.

By way of derogation from Article 157, appeals brought before the Court of Justice of the EuropeanUnion against decisions of the Commission which impose any of the sanctions provided for inparagraph 1 shall have suspensory effect. The Court of Justice of the European Union may, however,on application by the Commission or by any Member State concerned, order that the decision beenforced forthwith.

There shall be an appropriate legal procedure to ensure the protection of interests that have beenprejudiced.

3. The Commission may make any recommendations to Member States concerning laws orregulations which are designed to ensure compliance in their territories with the obligationsarising under this Chapter.

4. Member States shall ensure that sanctions are enforced and, where necessary, that theinfringements are remedied by those committing them.




Article 84

In the application of the safeguards, no discrimination shall be made on grounds of the use forwhich ores, source materials and special fissile materials are intended.

The scope of and procedure for the safeguards and the powers of the bodies responsible for theirapplication shall be confined to the attainment of the objectives set out in this Chapter.

The safeguards may not extend to materials intended to meet defence requirements which are in thecourse of being specially processed for this purpose or which, after being so processed, are, in

accordance with an operational plan, placed or stored in a military establishment.

Article 85

Where new circumstances so require, the procedures for applying the safeguards laid down in thisChapter may, at the request of a Member State or of the Commission, be adapted by the Council,acting unanimously on a proposal from the Commission and after consulting the EuropeanParliament. The Commission shall examine any such request made by a Member State.

CHAPTER 8

Property ownership

Article 86

Special fissile materials shall be the property of the Community.

The Community's right of ownership shall extend to all special fissile materials which are producedor imported by a Member State, a person or an undertaking and are subject to the safeguardsprovided for in Chapter 7.

Article 87

Member States, persons or undertakings shall have the unlimited right of use and consumption of special fissile materials which have properly come into their possession, subject to the obligationsimposed on them by this Treaty, in particular those relating to safeguards, the right of optionconferred on the Agency and health and safety.




Article 88

The Agency shall keep a special account in the name of the Community, called ‘Special FissileMaterials Financial Account’.

Article 89

1. In the Special Fissile Materials Financial Account:

(a) the value of special fissile materials left in the possession of or put at the disposal of a MemberState, person or undertaking shall be credited to the Community and debited to that MemberState, person or undertaking;

(b) the value of special fissile materials which are produced or imported by a Member State, personor undertaking and become the property of the Community shall be debited to the Community and credited to that Member State, person or undertaking. A similar entry shall be made when aMember State, person or undertaking restores to the Community special fissile materialspreviously left in the possession of or put at the disposal of that State, person or undertaking.

2. Variations in value affecting the quantities of special fissile material shall be expressed for

accounting purposes in such a way as not to give rise to any loss or gain to the Community.Any loss or gain shall be borne by or accrue to the holder.

3. Balances arising from the transactions referred to above shall become payable forthwith uponthe request of the creditor.

4. Where the Agency undertakes transactions for its own account, it shall, for the purposes of thisChapter, be deemed to be an undertaking.

Article 90

Where new circumstances so require, the provisions of this Chapter relating to the Community'sright of ownership may, at the request of a Member State or of the Commission, be adjusted by theCouncil, acting unanimously on a proposal from the Commission and after consulting the EuropeanParliament. The Commission shall examine any such request made by a Member State.

Article 91 The system of ownership applicable to all objects, materials and assets which are not vested in theCommunity under this Chapter shall be determined by the law of each Member State.






Article 97

No restrictions based on nationality may be applied to natural or legal persons, whether public orprivate, under the jurisdiction of a Member State, where they desire to participate in the construction

of nuclear installations of a scientific or industrial nature in the Community.

Article 98

Member States shall take all measures necessary to facilitate the conclusion of insurance contractscovering nuclear risks.

The Council, acting by a qualified majority on a proposal from the Commission, which shall first

request the opinion of the Economic and Social Committee, shall, after consulting the EuropeanParliament, issue directives for the application of this Article.

Article 99

The Commission may make any recommendations for facilitating movements of capital intended tofinance the industrial activities listed in Annex II to this Treaty.

Article 100

(repealed)

CHAPTER 10

External relations

Article 101

The Community may, within the limits of its powers and jurisdiction, enter into obligations by concluding agreements or contracts with a third State, an international organisation or a national of a third State.

Such agreements or contracts shall be negotiated by the Commission in accordance with thedirectives of the Council; they shall be concluded by the Commission with the approval of theCouncil, which shall act by a qualified majority.

Agreements or contracts whose implementation does not require action by the Council and can beeffected within the limits of the relevant budget shall, however, be negotiated and concluded solely by the Commission; the Commission shall keep the Council informed.




Article 102

Agreements or contracts concluded with a third State, an international organisation or a national of athird State to which, in addition to the Community, one or more Member States are parties, shall not

enter into force until the Commission has been notified by all the Member States concerned thatthose agreements or contracts have become applicable in accordance with the provisions of theirrespective national laws.

Article 103

Member States shall communicate to the Commission draft agreements or contracts with a thirdState, an international organisation or a national of a third State to the extent that such agreementsor contracts concern matters within the purview of this Treaty.

If a draft agreement or contract contains clauses which impede the application of this Treaty, theCommission shall, within one month of receipt of such communication, make its comments knownto the State concerned.

The State shall not conclude the proposed agreement or contract until it has satisfied the objectionsof the Commission or complied with a ruling by the Court of Justice of the European Union,

adjudicating urgently upon an application from the State, on the compatibility of the proposedclauses with the provisions of this Treaty. An application may be made to the Court of Justice of the European Union at any time after the State has received the comments of the Commission.

Article 104

No person or undertaking concluding or renewing an agreement or contract with a third State, aninternational organisation or a national of a third State after 1 January 1958 or, for acceding States,after the date of their accession, may invoke that agreement or contract in order to evade the

obligations imposed by this Treaty.

Each Member State shall take such measures as it considers necessary in order to communicate to theCommission, at the request of the latter, all information relating to agreements or contractsconcluded after the dates referred to in the first paragraph, within the scope of this Treaty, by aperson or undertaking with a third State, an international organisation or a national of a third State.The Commission may require such communication only for the purpose of verifying that suchagreements or contracts do not contain clauses impeding the implementation of this Treaty.

On application by the Commission, the Court of Justice of the European Union shall give a ruling onthe compatibility of such agreements or contracts with the provisions of this Treaty.




Article 105

The provisions of this Treaty shall not be invoked so as to prevent the implementation of agreementsor contracts concluded before 1 January 1958 or, for acceding States, before the date of their

accession, by a Member State, a person or an undertaking with a third State, an internationalorganisation or a national of a third State where such agreements or contracts have beencommunicated to the Commission not later than 30 days after the aforesaid dates.

Agreements or contracts concluded between 25 March 1957 and 1 January 1958 or, for accedingStates, between the signature of the instrument of accession and the date of their accession, by aperson or an undertaking with a third State, an international organisation or a national of a thirdState shall not, however, be invoked as grounds for failure to implement this Treaty if, in the opinionof the Court of Justice of the European Union, ruling on an application from the Commission, one of

the decisive reasons on the part of either of the parties in concluding the agreement or contract wasan intention to evade the provisions of this Treaty.

Article 106

Member States which, before 1 January 1958 or, for acceding States, before the date of theiraccession, have concluded agreements with third States providing for cooperation in the field of nuclear energy shall be required to undertake jointly with the Commission the necessary negotiationswith these third States in order to ensure that the rights and obligations arising out of such

agreements shall as far as possible be assumed by the Community.

Any new agreement ensuing from such negotiations shall require the consent of the Member State orStates signatory to the agreements referred to above and the approval of the Council, which shall act by a qualified majority.

TITLE III

INSTITUTIONAL AND FINANCIAL PROVISIONS

CHAPTER 1

Application of certain provisions of the Treaty on European Union and of the Treaty on theFunctioning of the European Union

Article 106a

1. Article 7, Articles 13 to 19, Article 48(2) to (5), and Articles 49 and 50 of the Treaty on

European Union, and Article 15, Articles 223 to 236, Articles 237 to 244, Article 245, Articles 246to 270, Article 272, 273 and 274, Articles 277 to 281, Articles 285 to 304, Articles 310 to 320,Articles 322 to 325 and Articles 336, 342 and 344 of the Treaty on the Functioning of theEuropean Union, and the Protocol on Transitional Provisions, shall apply to this Treaty.




2. Within the framework of this Treaty, the references to the Union, to the ‘Treaty on EuropeanUnion’, to the ‘Treaty on the Functioning of the European Union’ or to the ‘Treaties’ in the provisionsreferred to in paragraph 1 and those in the protocols annexed both to those Treaties and to thisTreaty shall be taken, respectively, as references to the European Atomic Energy Community and to

this Treaty.

3. The provisions of the Treaty on European Union and of the Treaty on the Functioning of theEuropean Union shall not derogate from the provisions of this Treaty.

CHAPTER 2

The institutions of the community

S e c t i o n 1

The European Parliament

Articles 107 to 114

(repealed)

S e c t i o n 2

The Council

Articles 115 to 123

(repealed)

S e c t i o n 3

The Commission

Articles 124 to 133

(repealed)

Article 134

1. A Scientific and Technical Committee is hereby set up; it shall be attached to the Commissionand shall have advisory status.

The Committee must be consulted where this Treaty so provides. The Committee may be consultedin all cases in which the Commission considers this appropriate.




2. The Committee shall consist of forty-one members, appointed by the Council after consultationwith the Commission.

The Members of the Committee shall be appointed in their personal capacity for five years. Theirappointment shall be renewable. They shall not be bound by any mandatory instructions.

The Scientific and Technical Committee shall each year elect its chairman and officers from amongits Members.

Article 135

The Commission may undertake any consultations and establish any study groups necessary to theperformance of its tasks.

S e c t i o n 4

The Court of Justice of the European Union

Articles 136 to 143

(repealed)

Article 144

The Court of Justice of the European Union shall have unlimited jurisdiction in:

(a) proceedings instituted under Article 12 to have the appropriate terms fixed for the granting by

the Commission of licences or sub licences;

(b) proceedings instituted by persons or undertakings against sanctions imposed on them by theCommission under Article 83.

Article 145

If the Commission considers that a person or undertaking has committed an infringement of thisTreaty to which the provisions of Article 83 do not apply, it shall call upon the Member State having jurisdiction over that person or undertaking to cause sanctions to be imposed in respect of theinfringement in accordance with its national law.




If the State concerned does not comply with such a request within the period laid down by theCommission, the latter may bring an action before the Court of Justice of the European Union tohave the infringement of which the person or undertaking is accused established.

Articles 146 to 156

(repealed)

Article 157

Save as otherwise provided in this Treaty, actions brought before the Court of Justice of the EuropeanUnion shall not have suspensory effect. The Court of Justice of the European Union may, however, if

it considers that circumstances so require, order that application of the contested act be suspended.

Articles 158 to 160

(repealed)

S e c t i o n 5

The Court of Auditors

Articles 160a to 160c

(repealed)

CHAPTER 3

Provisions common to several institutions

Articles 161 to 163

(repealed)

Article 164

Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without

other formality than verification of the authenticity of the decision, by the national authority whichthe government of each Member State shall designate for this purpose and shall make known to theCommission, to the Court of Justice of the European Union and to the Arbitration Committee set up by Article 18.




When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly beforethe competent authority.

Enforcement may be suspended only by a decision of the Court of Justice of the European Union.However, the courts of the country concerned shall have jurisdiction over complaints thatenforcement is being carried out in an irregular manner.

CHAPTER 4

The Economic and Social Committee

Articles 165 to 170

(Repealed)

TITLE IV

SPECIFIC FINANCIAL PROVISIONS

Article 171 1. Estimates shall be drawn up for each financial year of all revenue and expenditure of theCommunity, other than those of the Agency and the Joint Undertakings, and such revenue andexpenditure shall be shown either in the operating budget or in the research and investment budget.

The revenue and expenditure shown in each budget shall be in balance.

2. The revenue and expenditure of the Agency, which shall operate in accordance withcommercial principles, shall be budgeted for in a special account.

The manner of estimating, implementing and auditing such revenue and expenditure shall be laiddown, with due regard to the statutes of the Agency, in financial regulations made pursuant toArticle 322 of the Treaty on the Functioning of the European Union.

3. The estimates of revenue and expenditure, together with the operating accounts and the balancesheets of the Joint Undertakings for each financial year, shall be placed before the Commission, theCouncil and the European Parliament in accordance with the statutes of those undertakings.




Article 172

1. (repealed)

2. (repealed)

3. (repealed)

4. Loans for the financing of research or investment shall be raised on terms fixed by the Councilin the manner provided for in Article 314 of the Treaty on the Functioning of the European Union.

The Community may borrow on the capital market of a Member State, either in accordance with the

legal provisions applying to internal issues, or, if there are no such provisions in a Member State,after the Member State concerned and the Commission have conferred together and have reachedagreement upon the proposed loan.

The competent authorities of the Member State concerned may refuse to give their assent only if there is reason to fear serious disturbances on the capital market of that State.

Articles 173 and 173a

(repealed)

Article 174

1. The expenditure shown in the operating budget shall include in particular:

(a) administrative expenditure;

(b) expenditure relating to safeguards and to health and safety.

2. The expenditure shown in the research and investment budget shall include in particular:

(a) expenditure relating to the implementation of the Community research programme;

(b) any participation in the capital of the Agency and in its investment expenditure;

(c) expenditure relating to the equipment of training establishments;

(d) any participation in Joint Undertakings or in certain joint operations.




Article 175

(repealed)

Article 176

1. Subject to the limits resulting from programmes or decisions involving expenditure which, inpursuance of this Treaty, require the unanimous approval of the Council, allocations for research andinvestment expenditure shall include:

(a) commitment appropriations, covering a series of items which constitute a separate unit and forma coherent whole;

(b) payment appropriations which represent the maximum amount payable each year in respect of the commitments entered into under subparagraph (a).

2. The schedule of due dates for commitments and payments shall be annexed to the corresponding draft budget proposed by the Commission.

3. Appropriations for research and investment shall be classified under different chapters groupingitems of expenditure according to their nature or purpose and subdivided, as far as may be necessary,in accordance with the regulations made pursuant to Article 322 of the Treaty on the Functioning of the European Union.

4. Unused payment authorisations shall be carried forward to the next financial year by decisionof the Commission, unless the Council decides otherwise.

Articles 177 to 181

(repealed)

Article 182

1. The Commission may, provided it notifies the competent authorities of the Member Statesconcerned, transfer into the currency of one of the Member States its holdings of currency of anotherMember State, to the extent necessary to enable them to be used for purposes which come within thescope of this Treaty. The Commission shall as far as possible avoid making such transfers if itpossesses cash or liquid assets in the currencies which it needs.

2. The Commission shall deal with each Member State through the authority designated by theState concerned. In carrying out financial operations the Commission shall employ the services of the bank of issue of the Member State concerned or any other financial institutions approved by thatState.




3. As regards expenditure which the Community has to incur in the currencies of third countries,the Commission shall, before the budgets are finally adopted, submit to the Council a programmeindicating anticipated revenue and expenditure in the different currencies.

This programme shall be approved by the Council, acting by a qualified majority. It may be modifiedin the course of the financial year in accordance with the same procedure.

4. Member States shall provide the Commission with the currency of third countries needed forthe expenditure shown in the programme provided for in paragraph 3 according to the scales laiddown in Article 172. Amounts collected by the Commission in the currency of third countries shall be transferred to Member States in accordance with the same scales.

5. The Commission may freely make use of any amounts in the currency of third countriesderived from loans it has raised in such countries.

6. The Council may, acting unanimously on a proposal from the Commission apply, in whole orin part, to the Agency and to Joint Undertakings the exchange arrangements provided for in thepreceding paragraphs, and, where appropriate, adapt these arrangements to their operational

requirements.

Articles 183 and 183a

(repealed)

TITLE V

GENERAL PROVISIONS

Article 184

The Community shall have legal personality.

Article 185

In each of the Member States, the Community shall enjoy the most extensive legal capacity accordedto legal persons under their laws; it may, in particular, acquire or dispose of movable and immovableproperty and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission.




Article 186

(repealed)

Article 187

The Commission may, within the limits and under the conditions laid down by the Council inaccordance with the provisions of this Treaty, collect any information and carry out any checksrequired for the performance of the tasks entrusted to it.

Article 188

The contractual liability of the Community shall be governed by the law applicable to the contract inquestion.

In the case of non contractual liability, the Community shall, in accordance with the generalprinciples common to the laws of the Member States, make good any damage caused by itsinstitutions or by its servants in the performance of their duties.

The personal liability of its servants towards the Community shall be governed by the provisions laiddown in the Staff Regulations or in the Conditions of Employment applicable to them.

Article 189 The seat of the institutions of the Community shall be determined by common accord of thegovernments of the Member States.

Article 190

(repealed)

Article 191

The Community shall enjoy in the territories of the Member States such privileges and immunities asare necessary for the performance of its tasks, under the conditions laid down in the Protocol on theprivileges and immunities of the European Union.

Article 192

Member States shall take all appropriate measures, whether general or particular, to ensure fulfilmentof the obligations arising out of this Treaty or resulting from action taken by the institutions of theCommunity. They shall facilitate the achievement of the Community's tasks.

They shall abstain from any measure which could jeopardize the attainment of the objectives of thisTreaty.




Article 193

Member States undertake not to submit a dispute concerning the interpretation or application of thisTreaty to any method of settlement other than those provided for therein.

Article 194

1. The members of the institutions of the Community, the members of committees, the officialsand other servants of the Community and any other persons who by reason of their duties or theirpublic or private relations with the institutions or installations of the Community or with JointUndertakings are called upon to acquire or obtain cognisance of any facts, information, knowledge,documents or objects which are subject to a security system in accordance with provisions laid down

by a Member State or by an institution of the Community, shall be required, even after such duties orrelations have ceased, to keep them secret from any unauthorised person and from the generalpublic.

Each Member State shall treat any infringement of this obligation as an act prejudicial to its rules onsecrecy and as one falling, both as to merits and jurisdiction, within the scope of its laws relating toacts prejudicial to the security of the State or to disclosure of professional secrets. Such Member Stateshall, at the request of any Member State concerned or of the Commission, prosecute anyone within

its jurisdiction who commits such an infringement.

2. Each Member State shall communicate to the Commission all provisions regulating within itsterritories the classification and secrecy of information, knowledge, documents or objects covered by this Treaty.

The Commission shall ensure that these provisions are communicated to the other Member States.

Each Member State shall take all appropriate measures to facilitate the gradual establishment of asuniform and comprehensive a security system as possible. The Commission may, after consulting theMember States concerned, make recommendations for this purpose.

3. The institutions of the Community, their installations and also the Joint Undertakings shall berequired to apply the rules of the security system in force in the territory in which each of them issituated.




4. Any authorisation granted either by an institution of the Community or by a Member State toa person carrying out his activities within the field covered by this Treaty to have access to facts,information, documents or objects covered by this Treaty which are subject to a security system,shall be recognised by every other institution and every other Member State.

5. The provisions of this Article shall not prevent application of special provisions resulting fromagreements concluded between a Member State and a third State or an international organisation.

Article 195

The institutions of the Community, the Agency and the Joint Undertakings shall, in applying thisTreaty, comply with the conditions of access to ores, source materials and special fissile materials laiddown in national rules and regulations made for reasons of public policy or public health.

Article 196

For the purposes of this Treaty, save as otherwise provided therein:

(a) ‘person’ means any natural person who pursues all or any of his activities in the territories of

Member States within the field specified in the relevant chapter of this Treaty;

(b) ‘undertaking’ means any undertaking or institution which pursues all or any of its activities in theterritories of Member States within the field specified in the relevant Chapter of this Treaty,whatever its public or private legal status.

Article 197

For the purposes of this Treaty:

1. ‘Special fissile materials’ means plutonium 239; uranium 233; uranium enriched in uranium 235or uranium 233; and any substance containing one or more of the foregoing isotopes and suchother fissile materials as may be specified by the Council, acting by a qualified majority on aproposal from the Commission; the expression ‘special fissile materials’ does not, however, includesource materials.

2. ‘Uranium enriched in uranium 235 or uranium 233’ means uranium containing uranium 235 oruranium 233 or both in an amount such that the abundance ratio of the sum of these isotopes toisotope 238 is greater than the ratio of isotope 235 to isotope 238 occurring in nature.




3. ‘Source materials’ means uranium containing the mixture of isotopes occurring in nature; uraniumwhose content in uranium 235 is less than the normal; thorium; any of the foregoing in the formof metal, alloy, chemical compound or concentrate; any other substance containing one or moreof the foregoing in such a concentration as shall be specified by the Council, acting by a qualified

majority on a proposal from the Commission.

4. ‘Ores’ means any ore containing, in such average concentration as shall be specified by theCouncil acting by a qualified majority on a proposal from the Commission, substances fromwhich the source materials defined above may be obtained by the appropriate chemical andphysical processing.

Article 198 Save as otherwise provided, this Treaty shall apply to the European territories of Member States andto non European territories under their jurisdiction.

It shall also apply to the European territories for whose external relations a Member State isresponsible.

The provisions of this Treaty shall apply to the Åland Islands in accordance with the provisions setout in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria,the Republic of Finland and the Kingdom of Sweden.

Notwithstanding the previous paragraphs:

(a) this Treaty shall not apply to the Faroe Islands.

This Treaty shall not apply to Greenland;

(b) this Treaty shall not apply to the Sovereign Base Areas of the United Kingdom of Great Britainand Northern Ireland in Cyprus;

(c) this Treaty shall not apply to those overseas countries and territories having special relations withthe United Kingdom of Great Britain and Northern Ireland which are not listed in Annex II to theTreaty on European Union and the Treaty on the Functioning of the European Union;




(d) this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary toensure the implementation of the arrangements for those islands set out in the Treaty concerningthe accession of new Member States to the European Economic Community and to the EuropeanAtomic Energy Community signed on 22 January 1972.

(Point (e) is deleted)

Article 199

It shall be for the Commission to ensure the maintenance of all appropriate relations with the organsof the United Nations, of its specialised agencies and of the World Trade Organisation.

The Commission shall also maintain such relations as are appropriate with all international organisations.

Article 200

The Community shall establish all appropriate forms of cooperation with the Council of Europe.

Article 201

The Community shall establish close cooperation with the Organisation for Economic Cooperationand Development, the details of which shall be determined by common accord.

Article 202

The provisions of this Treaty shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to theextent that the objectives of these regional unions are not attained by application of this Treaty.

Article 203

If action by the Community should prove necessary to attain one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on aproposal from the Commission and after consulting the European Parliament, take the appropriatemeasures.




Articles 204 and 205

(repealed)

Article 206

The Community may conclude with one or more States or international organisations agreementsestablishing an association involving reciprocal rights and obligations, common action and specialprocedures.

These agreements shall be concluded by the Council, acting unanimously after consulting theEuropean Parliament.

Where such agreements call for amendments to this Treaty, these amendments shall first be adoptedin accordance with the procedure laid down in Article 48(2) to (5) of the Treaty on European Union.

Article 207

The Protocols annexed to this Treaty by common accord of the Member States shall form an integralpart thereof.

Article 208

This Treaty is concluded for an unlimited period.

TITLE VI

Articles 209 to 223

(repealed)

FINAL PROVISIONS

Article 224

This Treaty shall be ratified by the High Contracting Parties in accordance with their respectiveconstitutional requirements. The instruments of ratification shall be deposited with the Governmentof the Italian Republic.

This Treaty shall enter into force on the first day of the month following the deposit of theinstrument of ratification by the last signatory State to take this step. If, however, such deposit ismade less than 15 days before the beginning of the following month, this Treaty shall not enter intoforce until the first day of the second month after the date of such deposit.




Article 225

This Treaty, drawn up in a single original in the Dutch, French, German and Italian languages, allfour texts being equally authentic, shall be deposited in the archives of the Government of the Italian

Republic, which shall transmit a certified copy to each of the governments of the other signatory States.

Pursuant to the Accession Treaties, the Bulgarian, Czech, Danish, English, Estonian, Finnish, Greek,Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,Spanish and Swedish versions of this Treaty shall also be authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Treaty.

Done at Rome this twenty fifth day of March in the year one thousand nine hundred and fifty seven.

(List of signatories not reproduced)




ANNEX I

FIELDS OF RESEARCH CONCERNING NUCLEAR ENERGY REFERRED TO IN ARTICLE 4 OF THIS TREATY

I. Raw materials

1. Methods for the prospecting and mining of base materials (uranium, thorium and other products of particularimportance in the field of nuclear energy).

2. Methods of concentrating these materials and converting them into technically pure compounds.

3. Methods of converting these technically pure compounds into nuclear grade compounds and metals.

4. Methods for the conversion and processing of these compounds and metals as well as plutonium, uranium 235or uranium 233, either pure or combined with such compounds or metals into fuel elements by the chemical,ceramic or metallurgical industries.

5. Methods of protecting such fuel elements against corrosion or erosion by external agents.

6. Methods of producing, refining, processing and preserving other special materials used in the field of nuclear

energy, in particular:

(a) moderators, such as heavy water, nuclear grade graphite, beryllium and beryllium oxide;

(b) structural materials such as zirconium (hafnium free), niobium, lanthanum, titanium, beryllium and theiroxides, carbides and other compounds capable of being used in the field of nuclear energy;

(c) coolants, such as helium, organic liquids, sodium, sodium potassium alloys, bismuth, lead bismuth alloys.

7. Methods of isotope separation:

(a) of uranium;

(b) of materials in ponderable quantities which can be used in the production of nuclear energy, such as lithium

6, lithium 7, nitrogen 15 and boron 10;

(c) of isotopes used in small quantities for research.




II. Physics applied to nuclear energy

1. Applied theoretical physics:

(a) low energy nuclear reactions, in particular neutron induced reactions;

(b) fission;

(c) interaction of ionizing radiation and photons with matter;

(d) solid state theory;

(e) study of fusion, with particular reference to the behaviour of an ionized plasma under the action of electromagnetic forces and to the thermodynamics of extremely high temperatures.

2. Applied experimental physics:

(a) the same subjects as those specified in 1 above;

(b) study of the properties of transuranic elements of importance in the field of nuclear energy.

3. Reactor calculations:

(a) theoretical macroscopic neutron physics;

(b) experimental neutron measurements; exponential and critical experiments;

(c) thermodynamic calculations and calculations of strength of materials;

(d) corresponding experimental measurements;

(e) reactor kinetics, reactor control problems and relevant experiments;

(f) radiation protection calculations and relevant experiments.

III. Physical chemistry of reactors

1. Study of changes in the physical and chemical structure and of alterations in the technical properties of variousmaterials in reactors brought about by:

(a) heat;

(b) the nature of the agents with which they are in contact;

(c) mechanical factors.




2. Study of degradation and other phenomena produced by irradiation in:

(a) fuel elements;

(b) structural materials and coolants;

(c) moderators.

3. Application of analytical chemistry and analytical physical chemistry to reactor components.

4. Physical chemistry of homogeneous reactors: radiochemistry, corrosion.

IV. Processing of radioactive material

1. Methods of extracting plutonium and uranium 233 from irradiated fuels, and possible recovery of uranium orthorium.

2. Chemistry and metallurgy of plutonium.

3. Methods of extracting and chemistry of other transuranic elements.

4. Methods of extracting and chemistry of useful radioisotopes:

(a) fission products;

(b) radioisotopes obtained by irradiation.

5. Concentration and storage of useless radioactive waste.

V. Applications of radioisotopes

Application of radioisotopes as active elements or tracers in:

(a) industry and science;

(b) medicine and biology;

(c) agriculture.




VI. Study of the harmful affects of radiation on living organisms

1. Study of the detection and measurement of harmful radiations.

2. Study of adequate preventive and protective measures and the appropriate safety standards.3. Study of the treatment of radiation effects.

VII. Equipment

Studies relating to the construction and improvement of equipment specially intended not only for reactors but alsofor any of the industrial and research installations required for the research activities listed above. As examples may

be mentioned:

1. The following types of mechanical equipment:

(a) pumps for special fluids;

(b) heat exchangers;

(c) apparatus for nuclear physics research, such as neutron velocity selectors;

(d) remote handling equipment.

2. The following types of electrical equipment:

(a) instruments for radiation detection and measurement, used particularly in:

— prospecting for minerals,

— scientific and technical research,

— reactor control,

— health and safety,

(b) reactor control equipment;

(c) low energy particle accelerators (up to 10 MeV).

VIII. Economic aspects of energy production

1. Comparative studies, both theoretical and experimental, of the various reactor types.

2. Technical and economic study of fuel cycles.




ANNEX II

INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 41 OF THIS TREATY

1. Mining of uranium and thorium ore.

2. Concentration of such ores.

3. Chemical processing and refining of uranium and thorium concentrates.

4. Preparation of nuclear fuels, in any form.

5. Fabrication of nuclear fuel elements.

6. Production of uranium hexafluoride.

7. Production of enriched uranium.

8. Processing of irradiated fuels for the purpose of separating some or all of the elements contained therein.

9. Production of reactor moderators.

10. Production of hafnium free zirconium or compounds thereof.

11. Nuclear reactors of all types and for all purposes.

12. Facilities for the industrial processing of radioactive waste, set up in conjunction with one or more of the facilitiesspecified in this list.

13. Semi industrial installations intended to prepare the way for the construction of plants involved in any of activities 3to 10.




ANNEX III

ADVANTAGES WHICH MAY BE CONFERRED ON JOINT UNDERTAKINGS UNDER ARTICLE 48 OF THISTREATY

1. (a) Recognition that public interest status in conformity with the national laws applies to the acquisition of immovable property required for the establishment of Joint Undertakings.

(b) Application of national procedure for compulsory acquisition on the grounds of public interest, so that suchacquisition may be effected where amicable agreement has not been reached.

2. The right to be granted licences, either through arbitration or under compulsory powers as provided in Articles 17to 23.

3. Exemption from all duties and charges when Joint Undertakings are established and from all duties on assetscontributed.

4. Exemption from all duties and charges levied upon acquisition of immovable property and from all registration andrecording charges.

5. Exemption from all direct taxes to which Joint Undertakings, their property, assets and revenue might otherwise beliable.

6. Exemption from all customs duties and charges having equivalent effect and from all prohibitions and restrictions onimports or exports, whether of an economic or of a fiscal nature, with regard to:

(a) scientific and technical equipment, excluding building materials and equipment for administrative purposes;

(b) substances which have been or are to be processed in the Joint Undertaking.

7. Exchange arrangements provided for in Article 182(6).

8. Exemption from restrictions on entry and residence for nationals of Member States employed by Joint Undertakingsand for their spouses and dependent members of their families.




ANNEX IV

LIST OF GOODS AND PRODUCTS SUBJECT TO THE PROVISIONS OF CHAPTER 9 ON THE NUCLEARCOMMON MARKET

List A 1

Uranium ores containing more than 5 per cent by weight of natural uranium.

Pitchblende containing more than 5 per cent by weight of natural uranium.

Uranium oxide.

Inorganic compounds of natural uranium other than uranium oxide and uranium hexafluoride.

Organic compounds of natural uranium.

Crude or processed natural uranium.

Alloys containing plutonium.

Organic or inorganic compounds of uranium enriched in organic or inorganic compounds or uranium-235.

Organic or inorganic compounds or uranium-233.

Thorium enriched in uranium-233.

Organic or inorganic compounds of plutonium.

Uranium enriched in plutonium.

Uranium enriched in uranium-235.

Alloys containing uranium enriched in uranium-235 or uranium-233.

Plutonium.

Uranium-233.

Uranium hexafluoride.

Monazite.

Thorium ores containing more than 20 per cent by weight of thorium.

Urano-thorianite containing more than 20 per cent of thorium.

Crude or processed thorium.

Thorium oxide.




Inorganic compounds of thorium other than thorium oxide.

Organic compounds of thorium.

List A 2

Deuterium and its compounds (including heavy water) in which the ratio of the number of deuterium atoms to normalhydrogen atoms exceeds 1:5 000.

Heavy paraffin in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1:5 000.

Mixtures and solutions in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1:5 000.

Nuclear reactors.

Equipment for the separation of uranium isotopes by gaseous diffusion or other methods.

Equipment for the production of deuterium, its compounds (including heavy water) and derivatives, and mixtures orsolutions containing deuterium in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds1:5 000:

— equipment operating by the electrolysis of water,

— equipment operating by the distillation of water, liquid hydrogen, etc.,

— equipment operating by isotope exchange between hydrogen sulphide and water by means of a change of temperature,

— equipment operating by other techniques.

Equipment specially designed for the chemical processing of radioactive material:

— equipment for the separation of irradiated fuel:

— by chemical processes (solvents, precipitation, ion exchange, etc.),

— by physical processes (fractional distillation, etc.),— waste-processing equipment,

— fuel-recycling equipment.

Vehicles specially designed for the transport of highly radioactive substances:

— railway and tramway goods vans, goods wagons and trucks for tracks of any gauge,

— motor lorries,

— motorised works trucks for the handling of goods,

— trailers and semi-trailers and other non-motorised vehicles.




Containers with lead radiation shielding for the transport or storage of radioactive material.

Artificial radioactive isotopes and their inorganic or organic compounds.

Remote-controlled mechanical manipulators specially designed for handling highly radioactive substances:

— mechanical handling gear, fixed or mobile, but not being capable of being operated manually.

List B

(entry deleted)

Lithium ores and concentrates.

Nuclear-grade metals:

— crude beryllium,

— crude bismuth,

— crude niobium (columbium),

— crude zirconium (hafnium-free),

— crude lithium,

— crude aluminium,

— crude calcium,

— crude magnesium.

Boron trifluoride.

Anhydrous hydrofluoric acid.

Chlorine trifluoride.

Bromine trifluoride.

Lithium hydroxide.

Lithium fluoride.

Lithium chloride.

Lithium hydride.

Lithium carbonate.

Nuclear-grade beryllium oxide.




Refractory bricks of nuclear-grade beryllium oxide.

Other refractory products of nuclear-grade beryllium oxide.

Artificial graphite in the form of blocks or bars in which the boron content is less than or equal to one part per millionand in which the total microscopic thermal neutron absorption cross-section is less than or equal to 5 millibarns.

Artificially separated stable isotopes.

Electromagnetic ion separators, including mass spectrographs and mass spectrometers.

Reactor simulators (special analog computers).

Remote-controlled mechanical manipulators:

— hand-controlled (i.e., operated manually like a tool).

Liquid-metal pumps.

High-vacuum pumps.

Heat exchangers specially designed for nuclear power stations.

Radiation detection instruments (and spare parts) of one of the following types, specially designed, or adaptable, for the

detection of measurement of nuclear radiation, such as alpha and beta particles, gamma rays, neutrons and protons:

— Geiger counter tubes and proportional counters,

— detection or measuring instruments incorporating Geiger-Muller tubes or proportional counters,

— ionisation chambers,

— instruments incorporating ionisation chambers,

— radiation detection or measuring equipment for mineral prospecting and for reactor, air, water and soil monitoring,

— neutron detector tubes using boron, boron trifluoride, hydrogen or a fissile element,

— detection or measuring instruments incorporating neutron detector tubes using boron, boron trifluoride, hydrogen ora fissile element,

— scintillation crystals, mounted or in a metal casing (solid scintillators),

— detection or measuring instruments incorporating liquid, solid or gaseous scintillators,

— amplifiers specially designed for nuclear measurements, including linear amplifiers, preamplifiers, distributed amplifiersand pulse height analysers,




— coincidence devices for use with radiation detectors,

— electroscopes and electrometers, including dosimeters (but excluding instruments intended for instruction purposes,simple metal leaf electroscopes, dosimeters specially designed for use with medical X-ray equipment and electrostaticmeasuring instruments),

— instruments capable of measuring a current of less than one picoampere,

— photomultiplier tubes with a photocathode which gives a current of at least 10 microamperes per lumen and in whichthe average amplification is greater than 10 5 , and any other types of electric multiplier activated by positive ions,

— scalers and electronic integrating meters for the detection of radiation.

Cyclotrons, Van de Graaff or Cockcroft-Walton electrostatic generators, linear accelerators and other machines capable of imparting an energy greater than 1 MeV to nuclear particles.

Magnets specially designed and constructed for the abovementioned machines and equipment (cyclotrons, etc.).

Accelerating and focusing tubes of the type used in mass spectrometers and mass spectrographs.

Intense electronic sources of positive ions intended for use with particle accelerators, mass spectrometers and similardevices.

Anti-radiation plate glass:

— cast or rolled plate glass (including wired or flashed glass) in squares or rectangles, surface-ground or polished but notfurther worked,

— cast or rolled plate glass (whether or not ground or polished) cut to shape other than square or rectangular, or curvedor otherwise worked (for example, bevelled or engraved),

— safety glass, consisting of toughened or laminated glass, shaped or not.

Airtight clothing affording protection against radiation or radioactive contamination:

— made of plastic,

— made of rubber,

— made of impregnated or coated fabric:

— for men,

— for women.

Diphenyl (when it is in fact the aromatic hydrocarbon C 6 H 5 C 6 H 5 ).

Terphenyl.




ANNEX V

INITIAL RESEARCH AND TRAINING PROGRAMME REFERRED TO IN ARTICLE 215 OF THIS TREATY

(repealed)






PROTOCOLS






PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THEEUROPEAN UNION

THE HIGH CONTRACTING PARTIES,

RECALLING that the way in which national Parliaments scrutinise their governments in relation to theactivities of the Union is a matter for the particular constitutional organisation and practice of eachMember State,

DESIRING to encourage greater involvement of national Parliaments in the activities of the EuropeanUnion and to enhance their ability to express their views on draft legislative acts of the Union as wellas on other matters which may be of particular interest to them,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on EuropeanUnion, to the Treaty on the Functioning of the European Union and to the Treaty establishing theEuropean Atomic Energy Community:

TITLE I

INFORMATION FOR NATIONAL PARLIAMENTS

Article 1

Commission consultation documents (green and white papers and communications) shall beforwarded directly by the Commission to national Parliaments upon publication. The Commissionshall also forward the annual legislative programme as well as any other instrument of legislativeplanning or policy to national Parliaments, at the same time as to the European Parliament and theCouncil.

Article 2

Draft legislative acts sent to the European Parliament and to the Council shall be forwarded tonational Parliaments.

For the purposes of this Protocol, ‘draft legislative acts’ shall mean proposals from the Commission,initiatives from a group of Member States, initiatives from the European Parliament, requests fromthe Court of Justice, recommendations from the European Central Bank and requests from theEuropean Investment Bank for the adoption of a legislative act.

Draft legislative acts originating from the Commission shall be forwarded to national Parliamentsdirectly by the Commission, at the same time as to the European Parliament and the Council.

Draft legislative acts originating from the European Parliament shall be forwarded to nationalParliaments directly by the European Parliament.




Draft legislative acts originating from a group of Member States, the Court of Justice, the EuropeanCentral Bank or the European Investment Bank shall be forwarded to national Parliaments by theCouncil.

Article 3

National Parliaments may send to the Presidents of the European Parliament, the Council and theCommission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of theprinciples of subsidiarity and proportionality.

If the draft legislative act originates from a group of Member States, the President of the Council shallforward the reasoned opinion or opinions to the governments of those Member States.

If the draft legislative act originates from the Court of Justice, the European Central Bank or theEuropean Investment Bank, the President of the Council shall forward the reasoned opinion oropinions to the institution or body concerned.

Article 4 An eight-week period shall elapse between a draft legislative act being made available to nationalParliaments in the official languages of the Union and the date when it is placed on a provisionalagenda for the Council for its adoption or for adoption of a position under a legislative procedure.Exceptions shall be possible in cases of urgency, the reasons for which shall be stated in the act orposition of the Council. Save in urgent cases for which due reasons have been given, no agreementmay be reached on a draft legislative act during those eight weeks. Save in urgent cases for which duereasons have been given, a ten-day period shall elapse between the placing of a draft legislative act onthe provisional agenda for the Council and the adoption of a position.

Article 5

The agendas for and the outcome of meetings of the Council, including the minutes of meetingswhere the Council is deliberating on draft legislative acts, shall be forwarded directly to nationalParliaments, at the same time as to Member States’ governments.

Article 6

When the European Council intends to make use of the first or second subparagraphs of Article 48(7) of the Treaty on European Union, national Parliaments shall be informed of theinitiative of the European Council at least six months before any decision is adopted.




Article 7

The Court of Auditors shall forward its annual report to national Parliaments, for information, at thesame time as to the European Parliament and to the Council.

Article 8

Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to thecomponent chambers.

TITLE II

INTERPARLIAMENTARY COOPERATION

Article 9

The European Parliament and national Parliaments shall together determine the organisation andpromotion of effective and regular interparliamentary cooperation within the Union.

Article 10

A conference of Parliamentary Committees for Union Affairs may submit any contribution it deemsappropriate for the attention of the European Parliament, the Council and the Commission. Thatconference shall in addition promote the exchange of information and best practice between nationalParliaments and the European Parliament, including their special committees. It may also organiseinterparliamentary conferences on specific topics, in particular to debate matters of common foreignand security policy, including common security and defence policy. Contributions from the

conference shall not bind national Parliaments and shall not prejudge their positions.




PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION


DESIRING to lay down the Statute of the Court of Justice of the European Union provided for inArticle 281 of the Treaty on the Functioning of the European Union,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on EuropeanUnion, the Treaty on the Functioning of the European Union and the Treaty establishing theEuropean Atomic Energy Community:

Article 1

The Court of Justice of the European Union shall be constituted and shall function in accordancewith the provisions of the Treaties, of the Treaty establishing the European Atomic Energy Community (EAEC Treaty) and of this Statute.

TITLE I

JUDGES AND ADVOCATES-GENERAL

Article 2

Before taking up his duties each Judge shall, before the Court of Justice sitting in open court, take anoath to perform his duties impartially and conscientiously and to preserve the secrecy of thedeliberations of the Court.

Article 3

The Judges shall be immune from legal proceedings. After they have ceased to hold office, they shallcontinue to enjoy immunity in respect of acts performed by them in their official capacity, includingwords spoken or written.

The Court of Justice, sitting as a full Court, may waive the immunity. If the decision concerns amember of the General Court or of a specialised court, the Court shall decide after consulting thecourt concerned.

Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall betried, in any of the Member States, only by the court competent to judge the members of the highestnational judiciary.

Articles 11 to 14 and Article 17 of the Protocol on the privileges and immunities of the EuropeanUnion shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Courtof Justice of the European Union, without prejudice to the provisions relating to immunity from legalproceedings of Judges which are set out in the preceding paragraphs.




Article 4

The Judges may not hold any political or administrative office.

They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the Council, acting by a simple majority.

When taking up their duties, they shall give a solemn undertaking that, both during and after theirterm of office, they will respect the obligations arising therefrom, in particular the duty to behavewith integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.

Any doubt on this point shall be settled by decision of the Court of Justice. If the decision concerns amember of the General Court or of a specialised court, the Court shall decide after consulting thecourt concerned.

Article 5

Apart from normal replacement, or death, the duties of a Judge shall end when he resigns.

Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court of Justice for transmission to the President of the Council. Upon this notification a vacancy shall ariseon the bench.

Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up hisduties.

Article 6

A Judge may be deprived of his office or of his right to a pension or other benefits in its stead only if, in the unanimous opinion of the Judges and Advocates-General of the Court of Justice, he nolonger fulfils the requisite conditions or meets the obligations arising from his office. The Judgeconcerned shall not take part in any such deliberations. If the person concerned is a member of theGeneral Court or of a specialised court, the Court shall decide after consulting the court concerned.

The Registrar of the Court shall communicate the decision of the Court to the President of theEuropean Parliament and to the President of the Commission and shall notify it to the President of the Council.

In the case of a decision depriving a Judge of his office, a vacancy shall arise on the bench upon thislatter notification.




Article 7

A Judge who is to replace a member of the Court whose term of office has not expired shall beappointed for the remainder of his predecessor's term.

Article 8

The provisions of Articles 2 to 7 shall apply to the Advocates-General.

TITLE II

ORGANISATION OF THE COURT OF JUSTICE

Article 9

When, every three years, the Judges are partially replaced, 14 and 13 Judges shall be replaced

alternately.

When, every three years, the Advocates-General are partially replaced, four Advocates-General shall be replaced on each occasion.

Article 10

The Registrar shall take an oath before the Court of Justice to perform his duties impartially andconscientiously and to preserve the secrecy of the deliberations of the Court of Justice.

Article 11

The Court of Justice shall arrange for replacement of the Registrar on occasions when he is preventedfrom attending the Court of Justice.

Article 12

Officials and other servants shall be attached to the Court of Justice to enable it to function. They shall be responsible to the Registrar under the authority of the President.

Article 13

At the request of the Court of Justice, the European Parliament and the Council may, acting inaccordance with the ordinary legislative procedure, provide for the appointment of AssistantRapporteurs and lay down the rules governing their service. The Assistant Rapporteurs may berequired, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur.

The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt andwho possess the necessary legal qualifications; they shall be appointed by the Council, acting by asimple majority. They shall take an oath before the Court to perform their duties impartially andconscientiously and to preserve the secrecy of the deliberations of the Court.




Article 14

The Judges, the Advocates-General and the Registrar shall be required to reside at the place where theCourt of Justice has its seat.

Article 15

The Court of Justice shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.

Article 16

The Court of Justice shall form chambers consisting of three and five Judges. The Judges shall elect

the Presidents of the chambers from among their number. The Presidents of the chambers of five Judges shall be elected for three years. They may be re-elected once.

The Grand Chamber shall consist of 13 Judges. It shall be presided over by the President of theCourt. The Presidents of the chambers of five Judges and other Judges appointed in accordance withthe conditions laid down in the Rules of Procedure shall also form part of the Grand Chamber.

The Court shall sit in a Grand Chamber when a Member State or an institution of the Union that is

party to the proceedings so requests.

The Court shall sit as a full Court where cases are brought before it pursuant to Article 228(2),Article 245(2), Article 247 or Article 286(6) of the Treaty on the Functioning of the EuropeanUnion.

Moreover, where it considers that a case before it is of exceptional importance, the Court may decide,after hearing the Advocate-General, to refer the case to the full Court.

Article 17

Decisions of the Court of Justice shall be valid only when an uneven number of its members issitting in the deliberations.

Decisions of the chambers consisting of either three or five Judges shall be valid only if they aretaken by three Judges.

Decisions of the Grand Chamber shall be valid only if nine Judges are sitting.




Decisions of the full Court shall be valid only if 15 Judges are sitting.

In the event of one of the Judges of a chamber being prevented from attending, a Judge of another

chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure.

Article 18

No Judge or Advocate-General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or in which he has been calledupon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any othercapacity.

If, for some special reason, any Judge or Advocate-General considers that he should not take part inthe judgment or examination of a particular case, he shall so inform the President. If, for somespecial reason, the President considers that any Judge or Advocate-General should not sit or makesubmissions in a particular case, he shall notify him accordingly.

Any difficulty arising as to the application of this Article shall be settled by decision of the Court of Justice.

A party may not apply for a change in the composition of the Court or of one of its chambers onthe grounds of either the nationality of a Judge or the absence from the Court or from the chamberof a Judge of the nationality of that party.

TITLE III

PROCEDURE BEFORE THE COURT OF JUSTICE

Article 19

The Member States and the institutions of the Union shall be represented before the Court of Justice

by an agent appointed for each case; the agent may be assisted by an adviser or by a lawyer.

The States, other than the Member States, which are parties to the Agreement on the EuropeanEconomic Area and also the EFTA Surveillance Authority referred to in that Agreement shall berepresented in same manner.

Other parties must be represented by a lawyer.

Only a lawyer authorised to practise before a court of a Member State or of another State which is aparty to the Agreement on the European Economic Area may represent or assist a party before theCourt.




Such agents, advisers and lawyers shall, when they appear before the Court, enjoy the rights andimmunities necessary to the independent exercise of their duties, under conditions laid down in theRules of Procedure.

As regards such advisers and lawyers who appear before it, the Court shall have the powers normally accorded to courts of law, under conditions laid down in the Rules of Procedure.

University teachers being nationals of a Member State whose law accords them a right of audienceshall have the same rights before the Court as are accorded by this Article to lawyers.

Article 20 The procedure before the Court of Justice shall consist of two parts: written and oral.

The written procedure shall consist of the communication to the parties and to the institutions of theUnion whose decisions are in dispute, of applications, statements of case, defences and observations,and of replies, if any, as well as of all papers and documents in support or of certified copies of them.

Communications shall be made by the Registrar in the order and within the time laid down in theRules of Procedure.

The oral procedure shall consist of the reading of the report presented by a Judge acting asRapporteur, the hearing by the Court of agents, advisers and lawyers and of the submissions of the Advocate-General, as well as the hearing, if any, of witnesses and experts.

Where it considers that the case raises no new point of law, the Court may decide, after hearing theAdvocate-General, that the case shall be determined without a submission from the Advocate-General.

Article 21

A case shall be brought before the Court of Justice by a written application addressed to the

Registrar. The application shall contain the applicant's name and permanent address and thedescription of the signatory, the name of the party or names of the parties against whom theapplication is made, the subject-matter of the dispute, the form of order sought and a brief statement of the pleas in law on which the application is based.




The application shall be accompanied, where appropriate, by the measure the annulment of which issought or, in the circumstances referred to in Article 265 of the Treaty on the Functioning of theEuropean Union, by documentary evidence of the date on which an institution was, in accordancewith those Articles, requested to act. If the documents are not submitted with the application, the

Registrar shall ask the party concerned to produce them within a reasonable period, but in that eventthe rights of the party shall not lapse even if such documents are produced after the time limit for bringing proceedings.

Article 22

A case governed by Article 18 of the EAEC Treaty shall be brought before the Court of Justice by anappeal addressed to the Registrar. The appeal shall contain the name and permanent address of theapplicant and the description of the signatory, a reference to the decision against which the appeal is

brought, the names of the respondents, the subject-matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based.

The appeal shall be accompanied by a certified copy of the decision of the Arbitration Committeewhich is contested.

If the Court rejects the appeal, the decision of the Arbitration Committee shall become final.

If the Court annuls the decision of the Arbitration Committee, the matter may be re-opened, whereappropriate, on the initiative of one of the parties in the case, before the Arbitration Committee. Thelatter shall conform to any decisions on points of law given by the Court.

Article 23

In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, thedecision of the court or tribunal of a Member State which suspends its proceedings and refers a caseto the Court of Justice shall be notified to the Court by the court or tribunal concerned. The decisionshall then be notified by the Registrar of the Court to the parties, to the Member States and to theCommission, and to the institution, body, office or agency of the Union which adopted the act thevalidity or interpretation of which is in dispute.

Within two months of this notification, the parties, the Member States, the Commission and, whereappropriate, the institution, body, office or agency which adopted the act the validity or interpretation of which is in dispute, shall be entitled to submit statements of case or written observations tothe Court.




In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, thedecision of the national court or tribunal shall, moreover, be notified by the Registrar of the Court tothe States, other than the Member States, which are parties to the Agreement on the EuropeanEconomic Area and also to the EFTA Surveillance Authority referred to in that Agreement which

may, within two months of notification, where one of the fields of application of that Agreement isconcerned, submit statements of case or written observations to the Court.

Where an agreement relating to a specific subject matter, concluded by the Council and one or morenon-member States, provides that those States are to be entitled to submit statements of case orwritten observations where a court or tribunal of a Member State refers to the Court of Justice for apreliminary ruling a question falling within the scope of the agreement, the decision of the nationalcourt or tribunal containing that question shall also be notified to the non-member States concerned.

Within two months from such notification, those States may lodge at the Court statements of case orwritten observations.

Article 23a(*)

The Rules of Procedure may provide for an expedited or accelerated procedure and, for references fora preliminary ruling relating to the area of freedom, security and justice, an urgent procedure.

Those procedures may provide, in respect of the submission of statements of case or writtenobservations, for a shorter period than that provided for by Article 23, and, in derogation fromthe fourth paragraph of Article 20, for the case to be determined without a submission from theAdvocate General.

In addition, the urgent procedure may provide for restriction of the parties and other interestedpersons mentioned in Article 23, authorised to submit statements of case or written observationsand, in cases of extreme urgency, for the written stage of the procedure to be omitted.

Article 24

The Court of Justice may require the parties to produce all documents and to supply all informationwhich the Court considers desirable. Formal note shall be taken of any refusal.

The Court may also require the Member States and institutions, bodies, offices and agencies not

being parties to the case to supply all information which the Court considers necessary for theproceedings.


(*) Article inserted by Decision 2008/79/EC, Euratom (OJ L 24, 29.1.2008, p. 42).



Article 25

The Court of Justice may at any time entrust any individual, body, authority, committee or otherorganisation it chooses with the task of giving an expert opinion.

Article 26

Witnesses may be heard under conditions laid down in the Rules of Procedure.

Article 27

With respect to defaulting witnesses the Court of Justice shall have the powers generally granted tocourts and tribunals and may impose pecuniary penalties under conditions laid down in the Rules of Procedure.

Article 28

Witnesses and experts may be heard on oath taken in the form laid down in the Rules of Procedureor in the manner laid down by the law of the country of the witness or expert.

Article 29

The Court of Justice may order that a witness or expert be heard by the judicial authority of his placeof permanent residence.

The order shall be sent for implementation to the competent judicial authority under conditions laiddown in the Rules of Procedure. The documents drawn up in compliance with the letters rogatory shall be returned to the Court under the same conditions.

The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties.

Article 30

A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings. At theinstance of the Court of Justice, the Member State concerned shall prosecute the offender before itscompetent court.

Article 31

The hearing in court shall be public, unless the Court of Justice, of its own motion or on application by the parties, decides otherwise for serious reasons.

Article 32 During the hearings the Court of Justice may examine the experts, the witnesses and the partiesthemselves. The latter, however, may address the Court of Justice only through their representatives.




Article 33

Minutes shall be made of each hearing and signed by the President and the Registrar.

Article 34 The case list shall be established by the President.

Article 35

The deliberations of the Court of Justice shall be and shall remain secret.

Article 36

Judgments shall state the reasons on which they are based. They shall contain the names of the Judges who took part in the deliberations.

Article 37

Judgments shall be signed by the President and the Registrar. They shall be read in open court.

Article 38

The Court of Justice shall adjudicate upon costs.

Article 39

The President of the Court of Justice may, by way of summary procedure, which may, in so far asnecessary, differ from some of the rules contained in this Statute and which shall be laid down in theRules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article 278of the Treaty on the Functioning of the European Union and Article 157 of the EAEC Treaty, or toprescribe interim measures pursuant to Article 279 of the Treaty on the Functioning of the EuropeanUnion, or to suspend enforcement in accordance with the fourth paragraph of Article 299 of the

Treaty on the Functioning of the European Union or the third paragraph of Article 164 of the EAECTreaty.

Should the President be prevented from attending, his place shall be taken by another Judge underconditions laid down in the Rules of Procedure.

The ruling of the President or of the Judge replacing him shall be provisional and shall in no way prejudice the decision of the Court on the substance of the case.

Article 40

Member States and institutions of the Union may intervene in cases before the Court of Justice.




The same right shall be open to the bodies, offices and agencies of the Union and to any otherperson which can establish an interest in the result of a case submitted to the Court. Natural or legalpersons shall not intervene in cases between Member States, between institutions of the Union or between Member States and institutions of the Union.

Without prejudice to the second paragraph, the States, other than the Member States, which areparties to the Agreement on the European Economic Area, and also the EFTA Surveillance Authority referred to in that Agreement, may intervene in cases before the Court where one of the fields of application of that Agreement is concerned.

An application to intervene shall be limited to supporting the form of order sought by one of theparties.

Article 41

Where the defending party, after having been duly summoned, fails to file written submissions indefence, judgment shall be given against that party by default. An objection may be lodged againstthe judgment within one month of it being notified. The objection shall not have the effect of stayingenforcement of the judgment by default unless the Court of Justice decides otherwise.

Article 42

Member States, institutions, bodies, offices and agencies of the Union and any other natural or legalpersons may, in cases and under conditions to be determined by the Rules of Procedure, institutethird-party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.

Article 43

If the meaning or scope of a judgment is in doubt, the Court of Justice shall construe it onapplication by any party or any institution of the Union establishing an interest therein.

Article 44

An application for revision of a judgment may be made to the Court of Justice only on discovery of a fact which is of such a nature as to be a decisive factor, and which, when the judgment was given,was unknown to the Court and to the party claiming the revision.

The revision shall be opened by a judgment of the Court expressly recording the existence of a new fact, recognising that it is of such a character as to lay the case open to revision and declaring theapplication admissible on this ground.




No application for revision may be made after the lapse of 10 years from the date of the judgment.

Article 45

Periods of grace based on considerations of distance shall be determined by the Rules of Procedure.

No right shall be prejudiced in consequence of the expiry of a time limit if the party concernedproves the existence of unforeseeable circumstances or of force majeure.

Article 46

Proceedings against the Union in matters arising from non-contractual liability shall be barred after aperiod of five years from the occurrence of the event giving rise thereto. The period of limitation

shall be interrupted if proceedings are instituted before the Court of Justice or if prior to suchproceedings an application is made by the aggrieved party to the relevant institution of theUnion. In the latter event the proceedings must be instituted within the period of two monthsprovided for in Article 263 of the Treaty on the Functioning of the European Union; the provisionsof the second paragraph of Article 265 of the Treaty on the Functioning of the European Union shallapply where appropriate.

This Article shall also apply to proceedings against the European Central Bank regarding non-contractual liability.

TITLE IV

GENERAL COURT

Article 47

The first paragraph of Article 9, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 and Article 18 shall apply to the General Court and its members.

The fourth paragraph of Article 3 and Articles 10, 11 and 14 shall apply to the Registrar of the

General Court mutatis mutandis.

Article 48

The General Court shall consist of 27 Judges.

Article 49

The Members of the General Court may be called upon to perform the task of an Advocate-General.

It shall be the duty of the Advocate-General, acting with complete impartiality and independence, tomake, in open court, reasoned submissions on certain cases brought before the General Court inorder to assist the General Court in the performance of its task.




The criteria for selecting such cases, as well as the procedures for designating the Advocates-General,shall be laid down in the Rules of Procedure of the General Court.

A Member called upon to perform the task of Advocate-General in a case may not take part in the judgment of the case.

Article 50

The General Court shall sit in chambers of three or five Judges. The Judges shall elect the Presidentsof the chambers from among their number. The Presidents of the chambers of five Judges shall beelected for three years. They may be re-elected once.

The composition of the chambers and the assignment of cases to them shall be governed by theRules of Procedure. In certain cases governed by the Rules of Procedure, the General Court may sit asa full court or be constituted by a single Judge.

The Rules of Procedure may also provide that the General Court may sit in a Grand Chamber incases and under the conditions specified therein.

Article 51

By way of derogation from the rule laid down in Article 256(1) of the Treaty on the Functioning of the European Union, jurisdiction shall be reserved to the Court of Justice in the actions referred to inArticles 263 and 265 of the Treaty on the Functioning of the European Union when they are brought by a Member State against:

(a) an act of or failure to act by the European Parliament or the Council, or by those institutionsacting jointly, except for:

— decisions taken by the Council under the third subparagraph of Article 108(2) of the Treaty

on the Functioning of the European Union;

— acts of the Council adopted pursuant to a Council regulation concerning measures to protecttrade within the meaning of Article 207 of the Treaty on the Functioning of the EuropeanUnion;

— acts of the Council by which the Council exercises implementing powers in accordance withthe second paragraph of Article 291 of the Treaty on the Functioning of the European Union;

(b) against an act of or failure to act by the Commission under the first paragraph of Article 331 of the Treaty on the Functioning of the European Union.




Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the sameArticles when they are brought by an institution of the Union against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Union against an act of or failure to act by the European Central

Bank.

Article 52

The President of the Court of Justice and the President of the General Court shall determine, by common accord, the conditions under which officials and other servants attached to the Court shallrender their services to the General Court to enable it to function. Certain officials or other servantsshall be responsible to the Registrar of the General Court under the authority of the President of theGeneral Court.

Article 53

The procedure before the General Court shall be governed by Title III.

Such further and more detailed provisions as may be necessary shall be laid down in its Rules of Procedure. The Rules of Procedure may derogate from the fourth paragraph of Article 40 and from

Article 41 in order to take account of the specific features of litigation in the field of intellectualproperty.

Notwithstanding the fourth paragraph of Article 20, the Advocate-General may make his reasonedsubmissions in writing.

Article 54

Where an application or other procedural document addressed to the General Court is lodged by mistake with the Registrar of the Court of Justice, it shall be transmitted immediately by thatRegistrar to the Registrar of the General Court; likewise, where an application or other proceduraldocument addressed to the Court of Justice is lodged by mistake with the Registrar of the GeneralCourt, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.

Where the General Court finds that it does not have jurisdiction to hear and determine an action in

respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice;likewise, where the Court of Justice finds that an action falls within the jurisdiction of the GeneralCourt, it shall refer that action to the General Court, whereupon that Court may not decline jurisdiction.




Where the Court of Justice and the General Court are seised of cases in which the same relief issought, the same issue of interpretation is raised or the validity of the same act is called in question,the General Court may, after hearing the parties, stay the proceedings before it until such time as theCourt of Justice has delivered judgment or, where the action is one brought pursuant to Article 263

of the Treaty on the Functioning of the European Union, may decline jurisdiction so as to allow theCourt of Justice to rule on such actions. In the same circumstances, the Court of Justice may alsodecide to stay the proceedings before it; in that event, the proceedings before the General Court shallcontinue.

Where a Member State and an institution of the Union are challenging the same act, the GeneralCourt shall decline jurisdiction so that the Court of Justice may rule on those applications.

Article 55

Final decisions of the General Court, decisions disposing of the substantive issues in part only ordisposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall benotified by the Registrar of the General Court to all parties as well as all Member States and theinstitutions of the Union even if they did not intervene in the case before the General Court.

Article 56

An appeal may be brought before the Court of Justice, within two months of the notification of thedecision appealed against, against final decisions of the General Court and decisions of that Courtdisposing of the substantive issues in part only or disposing of a procedural issue concerning a pleaof lack of competence or inadmissibility.

Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in itssubmissions. However, interveners other than the Member States and the institutions of the Unionmay bring such an appeal only where the decision of the General Court directly affects them.

With the exception of cases relating to disputes between the Union and its servants, an appeal may also be brought by Member States and institutions of the Union which did not intervene in theproceedings before the General Court. Such Member States and institutions shall be in the sameposition as Member States or institutions which intervened at first instance.

Article 57

Any person whose application to intervene has been dismissed by the General Court may appeal tothe Court of Justice within two weeks from the notification of the decision dismissing the application.




The parties to the proceedings may appeal to the Court of Justice against any decision of the GeneralCourt made pursuant to Article 278 or Article 279 or the fourth paragraph of Article 299 of theTreaty on the Functioning of the European Union or Article 157 or the third paragraph of Article 164 of the EAEC Treaty within two months from their notification.

The appeal referred to in the first two paragraphs of this Article shall be heard and determined underthe procedure referred to in Article 39.

Article 58

An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lackof competence of the General Court, a breach of procedure before it which adversely affects the

interests of the appellant as well as the infringement of Union law by the General Court.

No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.

Article 59

Where an appeal is brought against a decision of the General Court, the procedure before the Courtof Justice shall consist of a written part and an oral part. In accordance with conditions laid down inthe Rules of Procedure, the Court of Justice, having heard the Advocate-General and the parties, may dispense with the oral procedure.

Article 60

Without prejudice to Articles 278 and 279 of the Treaty on the Functioning of the European Unionor Article 157 of the EAEC Treaty, an appeal shall not have suspensory effect.

By way of derogation from Article 280 of the Treaty on the Functioning of the European Union,

decisions of the General Court declaring a regulation to be void shall take effect only as from thedate of expiry of the period referred to in the first paragraph of Article 56 of this Statute or, if anappeal shall have been brought within that period, as from the date of dismissal of the appeal,without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant toArticles 278 and 279 of the Treaty on the Functioning of the European Union or Article 157 of theEAEC Treaty, for the suspension of the effects of the regulation which has been declared void or forthe prescription of any other interim measure.

Article 61

If the appeal is well founded, the Court of Justice shall quash the decision of the General Court. Itmay itself give final judgment in the matter, where the state of the proceedings so permits, or referthe case back to the General Court for judgment.




Where a case is referred back to the General Court, that Court shall be bound by the decision of theCourt of Justice on points of law.

When an appeal brought by a Member State or an institution of the Union, which did not intervenein the proceedings before the General Court, is well founded, the Court of Justice may, if it considersthis necessary, state which of the effects of the decision of the General Court which has been quashedshall be considered as definitive in respect of the parties to the litigation.

Article 62

In the cases provided for in Article 256(2) and (3) of the Treaty on the Functioning of the EuropeanUnion, where the First Advocate-General considers that there is a serious risk of the unity orconsistency of Union law being affected, he may propose that the Court of Justice review the

decision of the General Court.

The proposal must be made within one month of delivery of the decision by the General Court.Within one month of receiving the proposal made by the First Advocate-General, the Court of Justiceshall decide whether or not the decision should be reviewed.

Article 62a

The Court of Justice shall give a ruling on the questions which are subject to review by means of anurgent procedure on the basis of the file forwarded to it by the General Court.

Those referred to in Article 23 of this Statute and, in the cases provided for in Article 256(2) of theEC Treaty, the parties to the proceedings before the General Court shall be entitled to lodgestatements or written observations with the Court of Justice relating to questions which aresubject to review within a period prescribed for that purpose.

The Court of Justice may decide to open the oral procedure before giving a ruling.

Article 62b

In the cases provided for in Article 256(2) of the Treaty on the Functioning of the European Union,without prejudice to Articles 278 and 279 of the Treaty on the Functioning of the European Union,proposals for review and decisions to open the review procedure shall not have suspensory effect. If the Court of Justice finds that the decision of the General Court affects the unity or consistency of Union law, it shall refer the case back to the General Court which shall be bound by the points of law decided by the Court of Justice; the Court of Justice may state which of the effects of the decision

of the General Court are to be considered as definitive in respect of the parties to the litigation. If,however, having regard to the result of the review, the outcome of the proceedings flows from thefindings of fact on which the decision of the General Court was based, the Court of Justice shall givefinal judgment.




In the cases provided for in Article 256(3) of the Treaty on the Functioning of the European Union,in the absence of proposals for review or decisions to open the review procedure, the answer(s) given by the General Court to the questions submitted to it shall take effect upon expiry of the periodsprescribed for that purpose in the second paragraph of Article 62. Should a review procedure be

opened, the answer(s) subject to review shall take effect following that procedure, unless the Court of Justice decides otherwise. If the Court of Justice finds that the decision of the General Court affectsthe unity or consistency of Union law, the answer given by the Court of Justice to the questionssubject to review shall be substituted for that given by the General Court.

TITLE IVa

SPECIALISED COURTS

Article 62c

The provisions relating to the jurisdiction, composition, organisation and procedure of the specialised

courts established under Article 257 of the Treaty on the Functioning of the European Union are setout in an Annex to this Statute.

TITLE V

FINAL PROVISIONS

Article 63

The Rules of Procedure of the Court of Justice and of the General Court shall contain any provisionsnecessary for applying and, where required, supplementing this Statute.

Article 64

The rules governing the language arrangements applicable at the Court of Justice of the EuropeanUnion shall be laid down by a regulation of the Council acting unanimously. This regulation shall beadopted either at the request of the Court of Justice and after consultation of the Commission andthe European Parliament, or on a proposal from the Commission and after consultation of the Courtof Justice and of the European Parliament.

Until those rules have been adopted, the provisions of the Rules of Procedure of the Court of Justiceand of the Rules of Procedure of the General Court governing language arrangements shall continue

to apply. By way of derogation from Articles 253 and 254 of the Treaty on the Functioning of theEuropean Union, those provisions may only be amended or repealed with the unanimous consent of the Council.




ANNEX I

THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Article 1

The European Union Civil Service Tribunal (hereafter ‘the Civil Service Tribunal’) shall exercise at first instance jurisdictionin disputes between the Union and its servants referred to in Article 270 of the Treaty on the Functioning of theEuropean Union, including disputes between all bodies or agencies and their servants in respect of which jurisdiction isconferred on the Court of Justice of the European Union.

Article 2

The Civil Service Tribunal shall consist of seven judges. Should the Court of Justice so request, the Council, acting by aqualified majority, may increase the number of judges.

The judges shall be appointed for a period of six years. Retiring judges may be reappointed.

Any vacancy shall be filled by the appointment of a new judge for a period of six years.

Article 3

1. The judges shall be appointed by the Council, acting in accordance with the fourth paragraph of Article 257 of theTreaty on the Functioning of the European Union, after consulting the committee provided for by this Article. When

appointing judges, the Council shall ensure a balanced composition of the Civil Service Tribunal on as broad ageographical basis as possible from among nationals of the Member States and with respect to the national legalsystems represented.

2. Any person who is a Union citizen and fulfils the conditions laid down in the fourth paragraph of Article 257 of the Treaty on the Functioning of the European Union may submit an application. The Council, acting on a recommendation from the Court of Justice, shall determine the conditions and the arrangements governing the submission andprocessing of such applications.

3. A committee shall be set up comprising seven persons chosen from among former members of the Court of Justiceand the General Court and lawyers of recognised competence. The committee’s membership and operating rules shall bedetermined by the Council, acting on a recommendation by the President of the Court of Justice.

4. The committee shall give an opinion on candidates’ suitability to perform the duties of judge at the Civil ServiceTribunal. The committee shall append to its opinion a list of candidates having the most suitable high-level experience.Such list shall contain the names of at least twice as many candidates as there are judges to be appointed by the Council.

Article 4

1. The judges shall elect the President of the Civil Service Tribunal from among their number for a term of three years.He may be re-elected.

2. The Civil Service Tribunal shall sit in chambers of three judges. It may, in certain cases determined by its Rules of Procedure, sit in full court or in a chamber of five judges or of a single judge.




3. The President of the Civil Service Tribunal shall preside over the full court and the chamber of five judges. ThePresidents of the chambers of three judges shall be designated as provided in paragraph 1. If the President of the CivilService Tribunal is assigned to a chamber of three judges, he shall preside over that chamber.

4. The jurisdiction of and quorum for the full court as well as the composition of the chambers and the assignment of cases to them shall be governed by the Rules of Procedure.

Article 5

Articles 2 to 6, 14, 15, the first, second and fifth paragraphs of Article 17, and Article 18 of the Statute of the Court of Justice of the European Union shall apply to the Civil Service Tribunal and its members.

The oath referred to in Article 2 of the Statute shall be taken before the Court of Justice, and the decisions referred to inArticles 3, 4 and 6 thereof shall be adopted by the Court of Justice after consulting the Civil Service Tribunal.

Article 6

1. The Civil Service Tribunal shall be supported by the departments of the Court of Justice and of the General Court.The President of the Court of Justice or, in appropriate cases, the President of the General Court, shall determine by common accord with the President of the Civil Service Tribunal the conditions under which officials and other servantsattached to the Court of Justice or the General Court shall render their services to the Civil Service Tribunal to enable it tofunction. Certain officials or other servants shall be responsible to the Registrar of the Civil Service Tribunal under theauthority of the President of that Tribunal.

2. The Civil Service Tribunal shall appoint its Registrar and lay down the rules governing his service. The fourthparagraph of Article 3 and Articles 10, 11 and 14 of the Statute of the Court of Justice of the European Union shall apply to the Registrar of the Tribunal.

Article 7

1. The procedure before the Civil Service Tribunal shall be governed by Title III of the Statute of the Court of Justice of the European Union, with the exception of Articles 22 and 23. Such further and more detailed provisions as may benecessary shall be laid down in the Rules of Procedure.

2. The provisions concerning the General Court’s language arrangements shall apply to the Civil Service Tribunal.

3. The written stage of the procedure shall comprise the presentation of the application and of the statement of defence, unless the Civil Service Tribunal decides that a second exchange of written pleadings is necessary. Where there issuch second exchange, the Civil Service Tribunal may, with the agreement of the parties, decide to proceed to judgmentwithout an oral procedure.

4. At all stages of the procedure, including the time when the application is filed, the Civil Service Tribunal may examine the possibilities of an amicable settlement of the dispute and may try to facilitate such settlement.

5. The Civil Service Tribunal shall rule on the costs of a case. Subject to the specific provisions of the Rules of Procedure, the unsuccessful party shall be ordered to pay the costs should the court so decide.




Article 8

1. Where an application or other procedural document addressed to the Civil Service Tribunal is lodged by mistakewith the Registrar of the Court of Justice or General Court, it shall be transmitted immediately by that Registrar to theRegistrar of the Civil Service Tribunal. Likewise, where an application or other procedural document addressed to the

Court of Justice or to the General Court is lodged by mistake with the Registrar of the Civil Service Tribunal, it shall betransmitted immediately by that Registrar to the Registrar of the Court of Justice or General Court.

2. Where the Civil Service Tribunal finds that it does not have jurisdiction to hear and determine an action in respectof which the Court of Justice or the General Court has jurisdiction, it shall refer that action to the Court of Justice or tothe General Court. Likewise, where the Court of Justice or the General Court finds that an action falls within the

jurisdiction of the Civil Service Tribunal, the Court seised shall refer that action to the Civil Service Tribunal,whereupon that Tribunal may not decline jurisdiction.

3. Where the Civil Service Tribunal and the General Court are seised of cases in which the same issue of interpretationis raised or the validity of the same act is called in question, the Civil Service Tribunal, after hearing the parties, may stay the proceedings until the judgment of the General Court has been delivered.

Where the Civil Service Tribunal and the General Court are seised of cases in which the same relief is sought, the CivilService Tribunal shall decline jurisdiction so that the General Court may act on those cases.

Article 9

An appeal may be brought before the General Court, within two months of notification of the decision appealed against,against final decisions of the Civil Service Tribunal and decisions of that Tribunal disposing of the substantive issues inpart only or disposing of a procedural issue concerning a plea of lack of jurisdiction or inadmissibility.

Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions.However, interveners other than the Member States and the institutions of the Union may bring such an appeal only where the decision of the Civil Service Tribunal directly affects them.

Article 10

1. Any person whose application to intervene has been dismissed by the Civil Service Tribunal may appeal to theGeneral Court within two weeks of notification of the decision dismissing the application.

2. The parties to the proceedings may appeal to the General Court against any decision of the Civil Service Tribunalmade pursuant to Article 278 or Article 279 or the fourth paragraph of Article 299 of the Treaty on the Functioning of the European Union or Article 157 or the third paragraph of Article 164 of the EAEC Treaty within two months of itsnotification.

3. The President of the General Court may, by way of summary procedure, which may, in so far as necessary, differfrom some of the rules contained in this Annex and which shall be laid down in the Rules of Procedure of the GeneralCourt, adjudicate upon appeals brought in accordance with paragraphs 1 and 2.




Article 11

1. An appeal to the General Court shall be limited to points of law. It shall lie on the grounds of lack of jurisdiction of the Civil Service Tribunal, a breach of procedure before it which adversely affects the interests of the appellant, as well asthe infringement of Union law by the Tribunal.

2. No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.

Article 12

1. Without prejudice to Articles 278 and 279 of the Treaty on the Functioning of the European Union or Article 157of the EAEC Treaty, an appeal before the General Court shall not have suspensory effect.

2. Where an appeal is brought against a decision of the Civil Service Tribunal, the procedure before the General Courtshall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure, theGeneral Court, having heard the parties, may dispense with the oral procedure.

Article 13

1. If the appeal is well founded, the General Court shall quash the decision of the Civil Service Tribunal and itself give judgment in the matter. It shall refer the case back to the Civil Service Tribunal for judgment where the state of theproceedings does not permit a decision by the Court.

2. Where a case is referred back to the Civil Service Tribunal, the Tribunal shall be bound by the decision of theGeneral Court on points of law.




PROTOCOL ON THE LOCATION OF THE SEATS OF THE INSTITUTIONS AND OFCERTAIN BODIES, OFFICES, AGENCIES AND DEPARTMENTS OF THE EUROPEAN

UNION

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

HAVING REGARD to Article 341 of the Treaty on the Functioning of the European Union andArticle 189 of the Treaty establishing the European Atomic Energy Community,

RECALLING AND CONFIRMING the Decision of 8 April 1965, and without prejudice to the decisionsconcerning the seat of future institutions, bodies, offices, agencies and departments,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on EuropeanUnion and to the Treaty on the Functioning of the European Union, and to the Treaty establishing

the European Atomic Energy Community:

Sole Article

(a) The European Parliament shall have its seat in Strasbourg where the 12 periods of monthly plenary sessions, including the budget session, shall be held. The periods of additional plenary sessions shall be held in Brussels. The committees of the European Parliament shall meet inBrussels. The General Secretariat of the European Parliament and its departments shall remain inLuxembourg.

(b) The Council shall have its seat in Brussels. During the months of April, June and October, theCouncil shall hold its meetings in Luxembourg.

(c) The Commission shall have its seat in Brussels. The departments listed in Articles 7, 8 and 9 of the Decision of 8 April 1965 shall be established in Luxembourg.

(d) The Court of Justice of the European Union shall have its seat in Luxembourg.

(e) The Court of Auditors shall have its seat in Luxembourg.

(f) The Economic and Social Committee shall have its seat in Brussels.(g) The Committee of the Regions shall have its seat in Brussels.

(h) The European Investment Bank shall have its seat in Luxembourg.

(i) The European Central Bank shall have its seat in Frankfurt.

(j) The European Police Office (Europol) shall have its seat in The Hague.




PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION


CONSIDERING that, in accordance with Article 343 of the Treaty on the Functioning of the EuropeanUnion and Article 191 of the Treaty establishing the European Atomic Energy Community (‘EAEC’),the European Union and the EAEC shall enjoy in the territories of the Member States such privilegesand immunities as are necessary for the performance of their tasks,

HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on EuropeanUnion, the Treaty on the Functioning of the European Union and the Treaty establishing the

European Atomic Energy Community:

CHAPTER I

Property, funds, assets and operations of the European Union

Article 1

The premises and buildings of the Union shall be inviolable. They shall be exempt from search,requisition, confiscation or expropriation. The property and assets of the Union shall not be the

subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.

Article 2

The archives of the Union shall be inviolable.

Article 3

The Union, its assets, revenues and other property shall be exempt from all direct taxes.

The governments of the Member States shall, wherever possible, take the appropriate measures toremit or refund the amount of indirect taxes or sales taxes included in the price of movable orimmovable property, where the Union makes, for its official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have theeffect of distorting competition within the Union.

No exemption shall be granted in respect of taxes and dues which amount merely to charges forpublic utility services.




Article 4

The Union shall be exempt from all customs duties, prohibitions and restrictions on imports andexports in respect of articles intended for its official use: articles so imported shall not be disposed of,whether or not in return for payment, in the territory of the country into which they have beenimported, except under conditions approved by the government of that country.

The Union shall also be exempt from any customs duties and any prohibitions and restrictions onimport and exports in respect of its publications.

CHAPTER II

Communications and Laissez-Passer

Article 5(ex Article 6)

For their official communications and the transmission of all their documents, the institutions of theUnion shall enjoy in the territory of each Member State the treatment accorded by that State todiplomatic missions.

Official correspondence and other official communications of the institutions of the Union shall not be subject to censorship.

Article 6

(ex Article 7)

Laissez-passer in a form to be prescribed by the Council, acting by a simple majority, which shall berecognised as valid travel documents by the authorities of the Member States, may be issued tomembers and servants of the institutions of the Union by the Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of officials and the Conditions of Employment of other servants of the Union.

The Commission may conclude agreements for these laissez-passer to be recognised as valid traveldocuments within the territory of third countries.

CHAPTER III

Members of the European Parliament

Article 7

(ex Article 8) No administrative or other restriction shall be imposed on the free movement of Members of theEuropean Parliament travelling to or from the place of meeting of the European Parliament.




Members of the European Parliament shall, in respect of customs and exchange control, be accorded:

(a) by their own government, the same facilities as those accorded to senior officials travelling

abroad on temporary official missions;

(b) by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.

Article 8

(ex Article 9)

Members of the European Parliament shall not be subject to any form of inquiry, detention or legal

proceedings in respect of opinions expressed or votes cast by them in the performance of theirduties.

Article 9

(ex Article 10)

During the sessions of the European Parliament, its Members shall enjoy:

(a) in the territory of their own State, the immunities accorded to members of their parliament;

(b) in the territory of any other Member State, immunity from any measure of detention and fromlegal proceedings.

Immunity shall likewise apply to Members while they are travelling to and from the place of meetingof the European Parliament.

Immunity cannot be claimed when a Member is found in the act of committing an offence and shall

not prevent the European Parliament from exercising its right to waive the immunity of one of itsMembers.

CHAPTER IV

Representatives of Member States taking part in the work of the Institutions of the European Union

Article 10

(ex Article 11)

Representatives of Member States taking part in the work of the institutions of the Union, theiradvisers and technical experts shall, in the performance of their duties and during their travel to andfrom the place of meeting, enjoy the customary privileges, immunities and facilities.




This Article shall also apply to members of the advisory bodies of the Union.

CHAPTER V

Officials and other servants of the European Union

Article 11

(ex Article 12)

In the territory of each Member State and whatever their nationality, officials and other servants of the Union shall:

(a) subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Union and, on the other hand, to the jurisdiction of theCourt of Justice of the European Union in disputes between the Union and its officials and otherservants, be immune from legal proceedings in respect of acts performed by them in their officialcapacity, including their words spoken or written. They shall continue to enjoy this immunity after they have ceased to hold office;

(b) together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens;

(c) in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations;

(d) enjoy the right to import free of duty their furniture and effects at the time of first taking uptheir post in the country concerned, and the right to re-export free of duty their furniture andeffects, on termination of their duties in that country, subject in either case to the conditionsconsidered to be necessary by the government of the country in which this right is exercised;

(e) have the right to import free of duty a motor car for their personal use, acquired either in thecountry of their last residence or in the country of which they are nationals on the terms rulingin the home market in that country, and to re-export it free of duty, subject in either case to theconditions considered to be necessary by the government of the country concerned.




Article 12

(ex Article 13)

Officials and other servants of the Union shall be liable to a tax for the benefit of the Union on

salaries, wages and emoluments paid to them by the Union, in accordance with the conditions andprocedure laid down by the European Parliament and the Council, acting by means of regulations inaccordance with the ordinary legislative procedure and after consultation of the institutionsconcerned.

They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.

Article 13(ex Article 14)

In the application of income tax, wealth tax and death duties and in the application of conventionson the avoidance of double taxation concluded between Member States of the Union, officials andother servants of the Union who, solely by reason of the performance of their duties in the service of the Union, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Union, shall be considered, bothin the country of their actual residence and in the country of domicile for tax purposes, as havingmaintained their domicile in the latter country provided that it is a member of the Union. This

provision shall also apply to a spouse, to the extent that the latter is not separately engaged in againful occupation, and to children dependent on and in the care of the persons referred to in thisArticle.

Movable property belonging to persons referred to in the preceding paragraph and situated in theterritory of the country where they are staying shall be exempt from death duties in that country;such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible applicationof provisions of international conventions on double taxation.

Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.

Article 14

(ex Article 15)

The European Parliament and the Council, acting by means of regulations in accordance with theordinary legislative procedure and after consultation of the institutions concerned, shall lay down thescheme of social security benefits for officials and other servants of the Union.




Article 15

(ex Article 16)

The European Parliament and the Council, acting by means of regulations in accordance with the

ordinary legislative procedure, and after consulting the other institutions concerned, shall determinethe categories of officials and other servants of the Union to whom the provisions of Article 11, thesecond paragraph of Article 12, and Article 13 shall apply, in whole or in part.

The names, grades and addresses of officials and other servants included in such categories shall becommunicated periodically to the governments of the Member States.

CHAPTER VI

Privileges and immunities of missions of third countries accredited to the European Union

Article 16

(ex Article 17)

The Member State in whose territory the Union has its seat shall accord the customary diplomaticimmunities and privileges to missions of third countries accredited to the Union.

CHAPTER VII

General Provisions

Article 17

(ex Article 18)

Privileges, immunities and facilities shall be accorded to officials and other servants of the Unionsolely in the interests of the Union.

Each institution of the Union shall be required to waive the immunity accorded to an official orother servant wherever that institution considers that the waiver of such immunity is not contrary tothe interests of the Union.

Article 18

(ex Article 19) The institutions of the Union shall, for the purpose of applying this Protocol, cooperate with theresponsible authorities of the Member States concerned.




Article 19

(ex Article 20)

Articles 11 to 14 and Article 17 shall apply to the President of the European Council.

They shall also apply to Members of the Commission.

Article 20

(ex Article 21)

Articles 11 to 14 and Article 17 shall apply to the Judges, the Advocates-General, the Registrars andthe Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to theprovisions of Article 3 of the Protocol on the Statute of the Court of Justice of the European Unionrelating to immunity from legal proceedings of Judges and Advocates-General.

Article 21

(ex Article 22)

This Protocol shall also apply to the European Investment Bank, to the members of its organs, to itsstaff and to the representatives of the Member States taking part in its activities, without prejudice tothe provisions of the Protocol on the Statute of the Bank.

The European Investment Bank shall in addition be exempt from any form of taxation or impositionof a like nature on the occasion of any increase in its capital and from the various formalities which

may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution orliquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organscarried on in accordance with its Statute shall not be subject to any turnover tax.

Article 22

(ex Article 23)

This Protocol shall also apply to the European Central Bank, to the members of its organs and to itsstaff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.

The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities whichmay be connected therewith in the State where the bank has its seat. The activities of the Bank andof its organs carried on in accordance with the Statute of the European System of Central Banks andof the European Central Bank shall not be subject to any turnover tax.




PROTOCOL ON ARTICLE 40.3.3 OF THE CONSTITUTION OF IRELAND


HAVE AGREED upon the following provision, which shall be annexed to the Treaty on EuropeanUnion and to the Treaty on the Functioning of the European Union and to the Treaty establishingthe European Atomic Energy Community:

Nothing in the Treaties, or in the Treaty establishing the European Atomic Energy Community, or inthe Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Irelandof Article 40.3.3 of the Constitution of Ireland.




PROTOCOL ON TRANSITIONAL PROVISIONS


WHEREAS, in order to organise the transition from the institutional provisions of the Treatiesapplicable prior to the entry into force of the Treaty of Lisbon to the provisions contained inthat Treaty, it is necessary to lay down transitional provisions,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on EuropeanUnion, to the Treaty on the Functioning of the European Union and to the Treaty establishing theEuropean Atomic Energy Community:

Article 1

In this Protocol, the words ‘the Treaties’ shall mean the Treaty on European Union, the Treaty on theFunctioning of the European Union and the Treaty establishing the European Atomic Energy Community.

TITLE I PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT

Article 2

In accordance with the second subparagraph of Article 14(2) of the Treaty on European Union, theEuropean Council shall adopt a decision determining the composition of the European Parliament ingood time before the 2009 European Parliament elections.

Until the end of the 2004-2009 parliamentary term, the composition and the number of representatives elected to the European Parliament shall remain the same as on the date of the entry intoforce of the Treaty of Lisbon.

TITLE II

PROVISIONS CONCERNING THE QUALIFIED MAJORITY

Article 3

1. In accordance with Article 16(4) of the Treaty on European Union, the provisions of thatparagraph and of Article 238(2) of the Treaty on the Functioning of the European Union relating tothe definition of the qualified majority in the European Council and the Council shall take effect on1 November 2014.




2. Between 1 November 2014 and 31 March 2017, when an act is to be adopted by qualifiedmajority, a member of the Council may request that it be adopted in accordance with the qualifiedmajority as defined in paragraph 3. In that case, paragraphs 3 and 4 shall apply.

3. Until 31 October 2014, the following provisions shall remain in force, without prejudice to thesecond subparagraph of Article 235(1) of the Treaty on the Functioning of the European Union.

For acts of the European Council and of the Council requiring a qualified majority, members’ votesshall be weighted as follows:

Belgium 12

Bulgaria 10

Czech Republic 12

Denmark 7

Germany 29

Estonia 4

Ireland 7

Greece 12

Spain 27

France 29

Italy 29

Cyprus 4

Latvia 4

Lithuania 7

Luxembourg 4

Hungary 12

Malta 3

Netherlands 13

Austria 10

Poland 27

Portugal 12

Romania 14

Slovenia 4

Slovakia 7

Finland 7

Sweden 10

United Kingdom 29

Acts shall be adopted if there are at least 255 votes in favour representing a majority of the memberswhere, under the Treaties, they must be adopted on a proposal from the Commission. In other casesdecisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.

A member of the European Council or the Council may request that, where an act is adopted by theEuropean Council or the Council by a qualified majority, a check is made to ensure that the MemberStates comprising the qualified majority represent at least 62 % of the total population of the Union.If that proves not to be the case, the act shall not be adopted.




4. Until 31 October 2014, the qualified majority shall, in cases where, under the Treaties, not allthe members of the Council participate in voting, namely in the cases where reference is made to thequalified majority as defined in Article 238(3) of the Treaty on the Functioning of the EuropeanUnion, be defined as the same proportion of the weighted votes and the same proportion of the

number of the Council members and, if appropriate, the same percentage of the population of theMember States concerned as laid down in paragraph 3 of this Article.

TITLE III

PROVISIONS CONCERNING THE CONFIGURATIONS OF THE COUNCIL

Article 4

Until the entry into force of the decision referred to in the first subparagraph of Article 16(6) of theTreaty on European Union, the Council may meet in the configurations laid down in the second andthird subparagraphs of that paragraph and in the other configurations on the list established by adecision of the General Affairs Council, acting by a simple majority.

TITLE IV

PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE HIGH REPRESENTATIVE OF THE UNION

FOR FOREIGN AFFAIRS AND SECURITY POLICY

Article 5

The members of the Commission in office on the date of entry into force of the Treaty of Lisbonshall remain in office until the end of their term of office. However, on the day of the appointmentof the High Representative of the Union for Foreign Affairs and Security Policy, the term of office of the member having the same nationality as the High Representative shall end.

TITLE V

PROVISIONS CONCERNING THE SECRETARY-GENERAL OF THE COUNCIL, HIGH REPRESENTATIVE FOR

THE COMMON FOREIGN AND SECURITY POLICY, AND THE DEPUTY SECRETARY-GENERAL OF THE

COUNCIL

Article 6

The terms of office of the Secretary-General of the Council, High Representative for the commonforeign and security policy, and the Deputy Secretary-General of the Council shall end on the date of entry into force of the Treaty of Lisbon. The Council shall appoint a Secretary-General in conformity with Article 240(2) of the Treaty on the Functioning of the European Union.




TITLE VI

PROVISIONS CONCERNING ADVISORY BODIES

Article 7

Until the entry into force of the decision referred to in Article 301 of the Treaty on the Functioningof the European Union, the allocation of members of the Economic and Social Committee shall be asfollows:

Belgium 12Bulgaria 12Czech Republic 12Denmark 9Germany 24

Estonia 7Ireland 9Greece 12Spain 21France 24Italy 24Cyprus 6Latvia 7Lithuania 9

Luxembourg 6Hungary 12Malta 5Netherlands 12Austria 12

Poland 21Portugal 12Romania 15Slovenia 7Slovakia 9Finland 9Sweden 12United Kingdom 24

Article 8

Until the entry into force of the decision referred to in Article 305 of the Treaty on the Functioningof the European Union, the allocation of members of the Committee of the Regions shall be asfollows:

Belgium 12Bulgaria 12Czech Republic 12

Denmark 9Germany 24Estonia 7Ireland 9Greece 12Spain 21France 24Italy 24Cyprus 6Latvia 7Lithuania 9

Luxembourg 6Hungary 12Malta 5

Netherlands 12Austria 12Poland 21Portugal 12Romania 15Slovenia 7Slovakia 9Finland 9Sweden 12United Kingdom 24




TITLE VII

TRANSITIONAL PROVISIONS CONCERNING ACTS ADOPTED ON THE BASIS OF TITLES V AND VI OF THE

TREATY ON EUROPEAN UNION PRIOR TO THE ENTRY INTO FORCE OF THE TREATY OF LISBON

Article 9 The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted onthe basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties.The same shall apply to agreements concluded between Member States on the basis of the Treaty onEuropean Union.

Article 10

1. As a transitional measure, and with respect to acts of the Union in the field of policecooperation and judicial cooperation in criminal matters which have been adopted before theentry into force of the Treaty of Lisbon, the powers of the institutions shall be the following atthe date of entry into force of that Treaty: the powers of the Commission under Article 258 of theTreaty on the Functioning of the European Union shall not be applicable and the powers of theCourt of Justice of the European Union under Title VI of the Treaty on European Union, in theversion in force before the entry into force of the Treaty of Lisbon, shall remain the same, includingwhere they have been accepted under Article 35(2) of the said Treaty on European Union.

2. The amendment of an act referred to in paragraph 1 shall entail the applicability of the powersof the institutions referred to in that paragraph as set out in the Treaties with respect to the amendedact for those Member States to which that amended act shall apply.

3. In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect fiveyears after the date of entry into force of the Treaty of Lisbon.

4. At the latest six months before the expiry of the transitional period referred to in paragraph 3,the United Kingdom may notify to the Council that it does not accept, with respect to the actsreferred to in paragraph 1, the powers of the institutions referred to in paragraph 1 as set out in theTreaties. In case the United Kingdom has made that notification, all acts referred to in paragraph 1shall cease to apply to it as from the date of expiry of the transitional period referred to in paragraph3. This subparagraph shall not apply with respect to the amended acts which are applicable to theUnited Kingdom as referred to in paragraph 2.

The Council, acting by a qualified majority on a proposal from the Commission, shall determine thenecessary consequential and transitional arrangements. The United Kingdom shall not participate inthe adoption of this decision. A qualified majority of the Council shall be defined in accordance withArticle 238(3)(a) of the Treaty on the Functioning of the European Union.




The Council, acting by a qualified majority on a proposal from the Commission, may also adopt adecision determining that the United Kingdom shall bear the direct financial consequences, if any,necessarily and unavoidably incurred as a result of the cessation of its participation in those acts.

5. The United Kingdom may, at any time afterwards, notify the Council of its wish to participatein acts which have ceased to apply to it pursuant to paragraph 4, first subparagraph. In that case, therelevant provisions of the Protocol on the Schengen acquis integrated into the framework of theEuropean Union or of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as the case may be, shall apply. The powers of theinstitutions with regard to those acts shall be those set out in the Treaties. When acting underthe relevant Protocols, the Union institutions and the United Kingdom shall seek to re-establish thewidest possible measure of participation of the United Kingdom in the acquis of the Union in the areaof freedom, security and justice without seriously affecting the practical operability of the variousparts thereof, while respecting their coherence.


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Euratom Treaty

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